NARESH MAHAWAR Vs. CHHOTA DEVI

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated 13.02.2020 whereby, the application filed by the applicant under Order 22 Rule 10 of CPC seeking his substitution in place of the deceased-plaintiff No.l Bhagwan Sahay claiming himself to be his sole legal representative, has been dismissed.

(2.) The facts in brief are that late Mr. Bhagwan Sahay and Shri Harinarayan filed a civil suit for declaration, cancelation of sale deed, permanent and mandatory injunction against the respondents-defendants. During pendency of the suit, the plaintiff No.l Bhagwan Sahay died on 28.09.2019. The applicant Naresh Mahawar claiming himself to be legal representative of the deceased-Bhagwan Sahay, filed an application seeking his substitution in place of deceased-plaintiff No.l, which has been rejected by the learned trial Court vide order impugned herein.

(3.) It is contended by learned counsel for the petitioners that while rejecting the application, learned trial Court erred in ignoring the provisions of Order 22 Rule 10 of CPC as well as of Section 2(11) of CPC. He submitted that from the contents of the application filed by him, it was apparent that he alone represented estate of the deceased and was therefore, entitled to be substituted in his place.