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Judgment
15 paragraphs · 222 wordsDr. S.N.Pathak, J
I.A. No. 3027 of 2021
The instant interlocutory application has been filed under Order XXII Rule 4 read with Section 151 of Code of Civil Procedure, 1908 for substitution of
legal heirs of Respondent No.5 namely Ashok Prasad Keshri (Proforma Respondent).
Learned counsel for the appellant submits that the respondent No.5 has already died on 14.05.2021 during the pendency of the instant Second Appeal,
leaving behind his legal heirs/representatives as mentioned in para 3 of the instant interlocutory application and in the interest of justice and proper
adjudication of the case, their names may kindly be substituted in place of respondent No.5.
Having heard the learned counsel for the appellant and on being satisfied with the grounds taken in para 1 onwards of the instant interlocutory
application, the learned counsel for the appellant is permitted to delete the name of respondent No.5 and in his place, names of his legal heirs as
mentioned in para 3 of the said interlocutory application be substituted within a period of two weeks.
Accordingly, I.A. No.3027 of 2021 stands allowed.
S.A Case No. 65 of 2019
Issue notice to newly added respondents under registered cover with A/D as well as through Ordinary Process for which requisites etc. must be filed,
within a period of three weeks.
Put up this case after five weeks.