MISRIYA Vs. KISHANDAS

JUDGEMENT

(1.) By this common order, the following interlocutory applications based on identical facts and involving common question of law are being disposed of (i) I.A. No.740/11 in F.A. No.206/92 and I.A. No.741/11 in F.A. No.252/92 under Order XXII Rule 4 & 11 of the Code of Civil Procedure (for short the Code ) for substitution of legal representatives of respondent nos.2 to 5 and also for deletion of respondent no.1, who has died issueless.

(2.) These appeals are interlinked as preferred against a common judgment and decree passed on 22.10.92 by First Additional Judge to the Court of District Judge, Sehore at Ashta in Civil Suit Nos.1- A/83 and 5-A/82. By that judgment, -

(3.) According to the appellants Although, the counsel representing the respondents communicated information regarding deaths of respondent nos.1 to 5 by way of application (I.A. No.12725/08 in F.A. No.206/92) on 7.11.08 yet, copy thereof was served upon their counsel on 5.1.11 only. Being rustic villagers, they had no information regarding deaths of respondents, who were not their co-villagers and further, they had no knowledge of the Court s procedure.