CHARU CHANDRA VARSHNEY Vs. PAWAN KUMAR SHARMA

JUDGEMENT

(1.) Petitioners are the defendants and the instant Civil Misc. Petition has been filed under Article 227 of the Constitution of India for quashing the order dtd. 30/1/2023 (Annexure-8) passed by learned Civil Judge (Sr. Divn.)-IV, Jamshedpur registered as T (P) Eviction Suit No.46 of 1993 whereby and whereunder the petition filed for substituting Sunita Devi as party-defendant in place of Sushila Devi Varshney/ original defendant No.1 has been allowed.

(2.) It is argued by learned counsel for the petitioners that the suit was originally filed in the year 1993 in which Sushila Devi has appeared and filed written statement. Subsequently defendant No.1 died and was substituted by her son, Charu Chandra Varshney in place of original defendant No.1. The substitution petition for substituting Sunita Devi was filed in the year 2022 i.e. 18 years after the death of original defendant No.1.

(3.) It is contended that this was very much in the knowledge of plaintiff(s) in view of the written statement filed by said Charu Chandra Varshney on 22/9/2012 wherein it was disclosed that defendant No.1 had died leaving behind her husband and one daughter. The substitution petition has been filed on 18/11/2022.