UNION OF INDIA Vs. NIRUPAMA JENA

JUDGEMENT

(1.) MISC . Case No. 55 of 2004 has been filed by the Union of India and others under Order 22 Rule -4 of the Code of Civil Procedure intimating that Respondent No. 1 -Smt. Nirupama Jena, W/o. Late Abdhut Jena died on 12.10.2004 during the pendency of this appeal, leaving no issue of her own. It further asserted that the other Respondents being the legal heirs of Late Abdhut Jena and Late Smt. Nirupama Jena -Respondent No. 1 (1st wife) i.e., Respondent Nos. 2 to 5 be accepted as substituted legal heirs of Respondent No. 1 This petition was filed on 7.12.2004.

(2.) THE 2nd Misc. Case, i.e., Misc. Case No. 51 of 2005 has been filed by one Smt. Subhashree Jena and Smt. Parbany Jena. In their petition supported by an affidavit state that their Late father Abdhut Jena (Original Respondent) had expired on 10.10.2003 leaving behind him, his wife Late Nirupama Jena and two married daughters (the present Petitioners). The said petition further contains a declaration that Nirupama Jena had also expired during the pendency of the appeal on 12.10.2004 and prayed for substitution by impleading them in place of Respondent No. 1(a) -Nirupama Jena. Their claim was sought to be justified on the basis of Legal Heir Certificate issued in their favour by the Tahasildar, Sadar, Cuttack under Annexure -3 to the said application.

(3.) MR . Pattnaik and Mr. Mishra, Learned Counsel for the Respondents, in essence, supported the stand taken by the Union of India advanced by Mr. Mishra as noted hereinabove, and objected to the petition filed by Smt. Subhashree Jena and Smt. Parbany Jena.