KRUSHNA CHANDRA NAYAK Vs. NISAMANI BEWA

JUDGEMENT

(1.) The original respondent having died, the appellants applied for substitution of Smt. Premalata Mohanty and Smt. Snehalata Mohanty as her legal representatives. Admittedly, they are the daughters of the deceased son of the sister of late Bhikari Charan Mohanty, the husband of the respondent. In other words, they are the heirs of the husband of the deceased respondent. This application was registered as Misc. Case No. 294 of 1984. The application was objected to by one Brundaban Mohanty, who is brother's son of the deceased respondent. By order dt. 22nd April, 1985, the application for substitution was allowed subject to the objection of Brundaban to be delved into at the Final hearing of the Second Appeal.

(2.) During hearing of the Second Appeal an application for compromise under O.23, R.3, Civil P.C. was filed by the appellants and the substituted legal representatives of the deceased respondent. Since recording of the compromise would depend upon the validity of the substituted respondents being the legal representatives of the deceased respondent, the said question is taken up first.

(3.) Admittedly, the dispute in this Second Appeal relates to the properties of Bhikari Charan Mohanty, husband of Nisamani, the deceased plaintiff respondent. Although the relationship of Nisamani with Bhikari was disputed in the Title Appeal, it has been conclusively decided as fact that Nisamani was the validly married wife of Bhikari. Thus, on death of Bhikari, Nisamani became the full owner of the interest of Bhikari in the disputed properties.