TARA DASSI Vs. PYAR CHAND AND OTHERS

JUDGEMENT

(1.) During the pendency of the instant appeal before this Court, appeal whereof stands directed, by the plaintiff, against the concurrently recorded verdicts, of, dismissal, made upon, her suit for rendition, of , a declaratory decree, (i) an application bearing CMP No.10486 of 2018, stands instituted before this Court, wherethrough, a prayer is made for deleting, from, the array of performa respondents, the name of Thalu Ram. However, his death certificate, appended with the application, is borne in Annexure A-1, and, it makes disclosures qua his demise, rather occurring during the pendency of the Civil Suit before the learned trial Court.

(2.) Also, during the pendency of the instant appeal before this Court, another, application bearing CMP No.10487 of 2018, stands instituted before this Court, wherethrough, a relief is canvassed, for, deleting the names, of, Pyar Chand son of Jagat Ram, and, of Pune Ram son of Jagat Ram, from, the array of performa respondents, (i) given theirs, on, demise of their predecessor-in-interest one, Dhali Devi, being ordered to be substituted in her place, as co-defendants No. 1 and 2, (ii) hence, reiteratedly therethrough it is averred, that, their reflection in the array of performa respondents also respectively as respondents No.5(iv), and, 5(v) rather being wholly unnecessary, in, the memo, of, parties, as, occurring in the verdict rendered by the learned First Appellate Court.

(3.) The learned counsel, appearing for the respondents in CMP No. 10486 of 2018, contends, that, upon the demise of one Thalu Ram, during, the pendency of the civil suit, before, the learned trial Court, uncontrovertedly his estate, being represented by corespondents, namely Pyar Chand, Pune Ram, Smt. Kesaru, Shri Moti Ram, Smt. Painu Devi, (i) hence, he contends, that, this Court would proceed, to, make a limited remand, vis-a-vis, the learned trial Court, for, making an apposite order of deletion, (ii) and, this Court within the ambit, of provisions of Order 41, Rule 25, of, the CPC, retaining the instant RSA, upon, it docket. Provisions of Order 41, Rule 25 of the Civil Procedure Code read as under:-