DILIP KUMAR AGRAWAL Vs. KAMAKHYA PRASAD

JUDGEMENT

(1.) I.A. No. 2 of 2021 has been filed on behalf of petitioner under Order 22 Rule 4 of C.P.C. whereas I.A. No. 3 of 2021 has been filed by opposite party under Order 22 Rule 10A of C.P.C. for expunging the name of opposite party no. 1 Kamakhya Prasad, who died during pendency of this revision application on 31/8/2020 leaving behind following as his legal heirs and representatives.

(2.) As opposite party no. 2 legal heir and successor of deceased opposite party no. 1 is already on record, revision petition will not abate.

(3.) Eviction suit was filed on the ground of personal necessity of opposite party no. 2 and he is the owner of tenanted premises, as such, right to sue survives upon him, under such circumstances there is no need to substitute other legal heir and representatives of deceased opposite party no. 1 as they have no right, title and interest in suit property.