SHEO MUNI Vs. BARMESHWAR PANDEY

JUDGEMENT

(1.) This is a reference made by the Additional Commissioner Varanasi Division, in a case under Sections 59161 of U.P. Tenancy Act No. XVII of 1939. The reference has been made on a revision petition filed by Sheo Muni Rai and others, defendants.

(2.) The relevant facts of the case are that the plaintiff, Barmeshwar Pandey, instituted the suit on May 26, 1960 against a number of defendants including Mukteshwar Rai, defendant No. 4, and the same was resisted by defendants Nos. 2 to 6.

(3.) On Oct. 26, 1961 the plaintiff, Barmeshwar Pandey, made an application supported by an affidavit, that Mukteshwar Rai died in 1960 leaving defendants Nos. 2, 3 and 5 as his legal representatives. The plaintiff further urged that as the defendants Nos. 2 to 5 lived in district Agra, he had knowledge of Mukteshwar Rai's death only on the date on which he made the application, although Mukteshwar died three months back. The plaintiff, therefore, prayed that the delay be condoned, and the name of Mukteshwar Rai be expunged from the array of the defendants.