LAWS(PAT)-1950-9-8

SHEOPUJAN SINGH Vs. CHANDI SINGH

Decided On September 20, 1950
SHEOPUJAN SINGH Appellant
V/S
CHANDI SINGH Respondents

JUDGEMENT

(1.) The question to be decided in this case is whether the learned Subordinate Judge had jurisdiction to substitute opposite party Chandi Singh and sons of Ramgovind Singh in place of Sheopujan Singh and Rampujan Singh whom he had already substituted by a previous order in place of Mt. Jamurata Kuer, who had instituted the appeal.

(2.) The material facts are that Kailash Singh had obtained a decree against Mt. Jamurata Kuer in a suit for specific performance of contract. Jamurata Kuer filed an appeal against the decree but on a subsequent date, that is, 11-2-1949, she died. On 24-2-1049 one Jagat Singh filed a petition for being substituted in her place alleging that he had been adopted by the deceased Jamurata Kuer and claimed to be her legal heir and representative. On the same date, Rajkishore Singh filed another petition claiming that he is the daughter's son of Sahebjada Singh, husband of Mt. Jamurata Kuer, and asked to be substituted in place of the deceased appellant. On 4-3-1949 one Sheolakhan Singh filed a petition claiming that he was the nearest agnate of Sahebjada Singh. On 13-5-1949 Sheopujan Singh and Rampujan Singh filed a petition asking that they should be substituted since they were the nearest agnates of Sahebjada Singh. The learned Subordinate Judge fixed 13 8 1949 for hearing substitution matter. On that date Sheolakhan Singh, Rajkishore Singh and Jagat Singh filed separate petitions praying for permission to withdraw from the case and alleging that Sheopujan Singh and Rampujan Singh were really the next reversioners of Sahebjada Singh and they should be substituted in place of Jamurata Kuer, the deceased appellant. After hearing lawyers the learned Subordinate Judge ordered that Sheopujan Singh and" Rampujan Singh should be substituted.

(3.) On 31-8-1949, Ramgovind Singh applied for substitution claiming that he was the nearest agnate of Sahebjada Singh and Sheopujan and Rampujan ware strangers and ought to be removed from the record of the case. On 5-9-1949 Chandi Singh filed a petition containing allegations to the similar effect. On 2510 1949 Ramgovind Singh died and his sons were permitted to prosecute the petition on his behalf. After hearing the evidence adduced the learned Subordinate Judge cancelled his previous order dated 13 8-1949 by which he substituted Sheopujan Singh and Rampujan Singh in place of the deceased Jamurata Kuer. On the contrary he ordered that Chandi Singh and the sons of Ramgovind Singh had a better claim and they ought to be substituted in place of the deceased appellant.