SMT. VAISHRAO DEVI Vs. GAMA PRASAD

JUDGEMENT

(1.) This second appeal by Smt. Vaishrao Devi is against the order of Additional Commissioner dated 29-12-1995 allowing the first appeal, setting aside the order of trial Court dated 20-2-1995 thereby decreeing the suit in an action under Sec. 229-B, Z.A. and L. R. Act.

(2.) The facts as par exposition in the pleadings are : Gama Prasad and Anant Ram institute a lawsuit for a declaratory judgment in respect of land in suit. They claimed basis is succession from ancestor Shital; they are in 4th generation. The defendants in the suit are State of U. P., Gaon Sabha and Smt. Kavilashi. Smt. Vaishrao Devi moves on 11-5-1989 for impleadment as her interest is intimately involved. In her absence the decision will be minor, inapt and less efficacious. The same day the Court has allowed her impleadment. Plaint is amended accordingly. She joins a contest by vigorously refuting the claim.

(3.) The concern at this stage becomes tangled with a matter of a different yet consequential implication. On 11-5-1993 plaintiff Anant Ram moves that defendant Smt. Kavilashi Devi has died before institution of suit yet her name looms large in khatoni and, therefore, she had been impleaded. He has lately been alerted to her death. The question of succeeding to her estate is involved in mutation in Tahsildar's; the proceeding is going apace. He has not told his Counsel that. Smt. Kavilashi is no more surviving. It is requested that in her place the names of Parasnath, Prem Narain, Kamta and Hirday Narain be substituted as legal heirs. On the back of this motion the Court has passed a peculiar order. The application in part is granted in the sense that her death is acknowledged and her name is ordered to be struck off. Let because of no evidence supporting Parasnaths heirship no order as to substitution is passed. The matter lay here so agno-zingly unresolved. Undeniably a suit against a dead person.