Single judge order on civil applications to bring the widow of respondent No. 4 on record as a legal heir. The court allowed applications for condonation of delay and issued notice to the proposed legal representative.
Applications allowed; notice issued to proposed legal representative returnable on 23/9/2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAS) NOS.735, 734 & 736 OF 2013
IN
SECOND APPEAL NO. 83 OF 1977
[Thakurjee Deosthan, Sihora Vs. Viran wd/o Babu Dahat & others]
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Mr. S. D. Paliwal, Advocate for the appellant.
CORAM : S. B. SHUKRE, J. DATE : AUGUST 26, 2013.
CAS NO. 735/2013 :
Learned Counsel for the appellant submits that the legal representatives of respondent No.4 have already been brought on record except the widow and the fact that the widow is alive, was not known to the appellant and he acquired knowledge about the same on 15/7/2013. He further submits that the widow of respondent No. 4 is sought to be brought on record as legal heir by the appellant and, therefore, although there is
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no delay in moving this application for bringing her on record as legal heir of respondent No.4, if there is any delay in the technical sense, it may be condoned. Same is condoned and application is allowed.
CAS NO. 734/2013 :
An application for condonation of delay in bringing legal representative of respondent No.4 on record has already been allowed and in view of the same, this application also deserves to be allowed and is accordingly allowed.
CAS NO. 736/2013 :
Issue notice to the proposed legal representative of respondent No.4, returnable on 23/9/2013.
JUDGE
wwl
2 issues framed by the court
Whether applications for bringing the widow of respondent No. 4 as a legal heir on record deserve to be allowed.
Whether condonation of delay is warranted in CAS No. 735/2013.
Thakurjee Deosthan, Sihora
Viran wd/o Babu Dahat & others
S. B. Shukre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
