BAIDYANATH PRASAD Vs. MAST BIBI SHANSUNISSA

JUDGEMENT

(1.) Substitution in place of the respondent is allowed by bringing in widow on record to represent the estate of the deceased. If there be any other claimants he would be entitled to establish his right independently.

(2.) We have heard learned counsel for the parties so far as this case is concerned, the counter affidavit nowmakes it clear that the claim for eviction shall be confined to the ground of bona fide requirement for personal use. In that view of the matter, the procedure to be adopted for trial shall be summary and this is not disputed.

(3.) Counsel for the respondent/plaintiff undertakes that appropriate amendments-shall be asked for in the trial court and we direct that an application for such amendment may be allowed so that summary procedure can be adopted.