USHA RANI MAHATANI Vs. KAMLA MAHTANI

JUDGEMENT

(1.) This interlocutory application has been filed for granting leave to the appellant to pursue this Second Appeal.

(2.) Mr. Sahay Gaurav Piyush, learned counsel for the appellant submits that during the pendency of the appeal in the court below, the sole appellant died and inadvertently her legal heir/successor was not brought on record in the court below. However, the judgment was delivered after the death of the appellant that is why this Second Appeal has been filed by the legal heir/successor of the sole appellant. He further submits that similar issue was considered by the Hon'ble Supreme Court in the case of Banwari Lal (dead) by legal representatives and another v. Balbir Singh , reported in (2016) 1 SCC 607.

(3.) Paragraphs 8 to 11 of the said judgment are quoted herein below: