NATTHU Vs. SHIVRAM

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29-4-1986 passed by the Additional Judge to the Court of District Judge, Mandleshwar in Civil appeal No. 43-A of 1983 whereby the Non-applicant's application under Order 22 Rule 4 Civil Procedure Code (for short 'the Code') has been allowed and the application has been dismissed.

(2.) CIRCUMSTANCES giving rise to this petition are these. Mst. Balibai widow of ghisaji instituted a Civil Suit (C. S. No. 86-A of 1979 of the Court of Civil Judge Class II maheshwar) for declaration of title to immovable property and injunction and alternatively for possession against the present petitioner, who contested the suit on the ground that he is the adopted son of the said Ghisaji. His defence did not find favour with the learned trial Court and the suit was decreed in favour of Mst. Balibai.

(3.) NATTHU preferred an appeal During the pendency of that appeal, Mst Balibai died. Thereupon Natthu applied stating that he is the legal representative of deceased balibai. Non-applicant Shivram also filed an application stating that he is the legal representative of Balibai on the basis of will executed by her.