NATHO DEVI Vs. NAND KISHORE

JUDGEMENT

(1.) None appears on behalf of the Respondent despite pass over. A suit for damages (for Rs.10 lacs) for malicious prosecution was filed by the Respondent (before the District Judge) against Yad Ram (his deceased father-in-law), on the ground that a false case under Section 302 IPC was got registered by him (Yad Ram) against the Respondent.

(2.) Respondent No. 1 expired on 08.11.2010. An Application under Order XXII Rule 1 & 4 read with Section 151 CPC of the Code of Civil Procedure (the Code) was moved by the Respondent. Without issuing its notice to the proposed LRs, the application was allowed and thereafter a notice was ordered to be issued to the LRs by an order dated 16.07.2011.

(3.) On 10.08.2011, the legal representatives of the deceased (Yad Ram) through their counsel wanted to file a reply to the Application under Order XXII Rule 4 of the Code. The said prayer was rejected on the ground that the application had already been disposed of.