Charu Chandra Varshney v. Pawan Kumar Sharma
Case brief
What is this about?
Article 227 Constitution of India; Order XXII Rule 10-A CPC; informatory petition; substitution of legal heirs after death of defendant; delay of 18 years; eviction suit T (P) Eviction Suit No.46 of 1993; Civil Judge (Sr. Divn.)-IV Jamshedpur; Sunita Devi; Sushila Devi Varshney; Charu Chandra Varshney; Om Prakash Gupta @ Lalloowa; Lanka Venkateswarlu (2011) 4 SCC 363; CMP dismissed; no interference.
What did the court decide?
The court endorsed the submission that no informatory petition under Order XXII Rule 10-A CPC was ever filed disclosing the legal heirs of original defendant No.1; the written statement's mere statement that the deceased was succeeded by one daughter was not sufficient compliance with the defendants' duty of disclosure, and since the information was deliberately withheld, the plaintiff(s) was precluded from filing an appropriate substitution petition.