JITENDRA KUMAR NAGALIA Vs. RAJESHWARI DEVI

JUDGEMENT

(1.) Petitioner/Applicant has filed this substitution application for bringing on record the legal representatives of sole respondent i.e. Smt. Rajeshwari Devi, who, according to him, passed away on 11.06.2016. In para-2 of the affidavit, filed in support of substitution application, names of four sons of Smt. Rajeshwari Devi have been given, who, according to learned counsel for the petitioner, are her legal representatives.

(2.) Mr. Siddhartha Sah, Advocate submits that upon receipt of notice sent by this Court, all the legal representatives of sole respondent Smt. Rajeshwari Devi have engaged him, by giving him Vakalatnama on their behalf. Mr. Sah submits that Smt. Rajeshwari Devi has executed a registered will in favour of one of her sons - Mr. Pradeep Kumar Gupta, whereby the shop in question has been bequeathed in favor of Mr. Pradeep Kumar Gupta. Thus, according to him, only Sri Pradeep Kumar Gupta deserves to be substituted in place of sole respondent - Smt. Rajeshwari Devi. Mr. Siddhartha Sah has drawn the attention of this Court to "No Objection Letter" dated 29.04.2018, copy whereof is enclosed as annexure No. 2 to the objection filed on behalf of the applicant - Mr. Pradeep Kumar Gupta. In the said No Objection Letter, other three brothers, namely, Mr. Ashok Kumar Gupta, Arun Kumar Gupta & Mr. Sandeep Kumar Gupta have stated that they have no objection, if Mr. Pradeep Kumar Gupta alone is substitute in place of the respondent Late Smt. Rajeshwari Devi.

(3.) Sri Siddhartha Jain, learned counsel for the petitioner submits that he has no objection in substituting Mr. Pradeep Kumar Gupta alone in place of the sold respondent.