JAGDISH CHAND PASHARIJA Vs. BAL RAM SINGH YADAV

JUDGEMENT

(1.) On 10-5-1999 one Mannilal Yadav in his capacity as the Karta/Manager of the joint Hindu family filed eviction suit against the defendant/petitioner seeking eviction of the defendant/petitioner-tenant from the joint Hindu family property i.e. Shop No. 7 situate at Yadav Complex, Sharda Chowk, Banjari Road, Raipur inter alia on the ground that the same is required to fulfil bona fide need of his brother's son namely Omprakash, son of Shri Jhumuklal Yadav. During the pendency of civil suit, said Mannilal Yadav expired on 24-1-2008 and therefore on 7-2-2008 an application under Order 22, Rule 3 read with Rule 10 of the Code of Civil Procedure, 1908 (for short "the Code" ) was filed by the respondent herein inter alia stating that the suit was originally filed by deceased plaintiff Manni Lal Yadav in his capacity as the Karta/Manager of joint Hindu family and after his death, now he has become Karta/Manager of the family, therefore, he be substituted in place of deceased plaintiff.

(2.) On filing such application, the petitioner herein filed reply opposing the application mainly on the ground that as the suit was not filed by said Manni Lal Yadav in his capacity as Karta/Manager of the joint Hindu family, therefore the respondent cannot be substituted in place of said Manni Lal Yadav and the legal heirs of said Manni Lal Yadav can only be substituted.

(3.) The trial Court, after hearing the parties in the matter, vide order dated 25-4-2008 has allowed the application as filed by the respondent herein and directed for substitution of his name as the plaintiff in the said civil suit. It appears that thereafter the petitioner has filed an application under Order 7, Rule 11 r/w Section 151 of the Code before the trial Court praying that as the actual legal heirs of deceased plaintiff Manni Lal Yadav have not been brought on record, the suit is liable to be dismissed, however, the trial Court has dismissed said application vide order dated 2-9-2008.