BIRDHI CHAND Vs. BOARD OF REVENUE, AJMER

JUDGEMENT

(1.) This application was filed by the respondent on 22.3.2006 wherein it was disclosed that the non-petitioner No. 2 Nathu Ram died on 27.4.1999 during the pendency of the writ petition and that the non-petitioner No. 3 Panchu Ram also died on 12.3.1999 during the pendency of the writ petition. It is submitted in the application that the petitioners as well as the deceased non-petitioners are residents of same village and are neighbours and that the fact about their death was within the knowledge of the petitioners and in spite of the above the petitioners have failed to bring on the record the legal representatives of the deceased non-petitioners No. 2 and 3.

(2.) In response to the above application, learned counsel for the petitioner after receiving the copy of the application sought time from the court on 4.4.2006, 4.5.2006, 17.5.2006, 25.5.2006 and 28.7.2006 to move an application for substitution but the names of legal representatives of the deceased non-petitioners No. 2 and 3 have not been disclosed so far, however, all that has been submitted is by means of an application purported to have been filed under Order 22 Rule 2 Code of Civil Procedure by the petitioners on 11.7.2006 wherein it has been submitted that respondent No. 4 represents the estates of the deceased non-petitioner No. 2 Nathu Ram and non-petitioner No. 3 Panchu Ram. It has been prayed in the said application that the name of Nathu Ram and Panchu Ram may be deleted and that the petitioners may be allowed to prosecute against Kishan Lal alone.

(3.) Another application came to be filed by the petitioner on 11.7.2006 wherein it has been submitted that the petitioner No. 1 Birdhi Chand also died during the pendency of the writ petition on 12.3.2006. The name of the legal representatives of the deceased petitioner Birdhi Chand have been disclosed at para 3 of the said application. It has been prayed in the said application that the legal representatives of the deceased petitioner Birdhi Chand may be allowed to be taken on record.