The High Court of Rajasthan allowed a civil application to substitute the legal heirs of deceased individuals in the parties' list and ordered the restoration of the writ petition to its original number.
Substitution of legal heirs of deceased Petitioner No. 2 and Respondent No. 10/3 allowed; writ petition restored to original number.
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 FOR RAJASTHAN BENCH AT JAIPUR
ORDER
IN
S.B. Civil Restoration Application No.483/2014 In S.B. Civil Writ Petition No.3596/1999
2/1. Kedar Kaur D/o late Ramswaroop, w/o Mohanlal, aged 55 years, by caste Gurjar, R/o village Rambagh, Tehsil, Deeg, District Bharatpur, Rajasthan
2/2. Ballo @ Balveer Kaur D/o late Ramswaroop, W/o Mansingh, aged 52 years, by caste Gurjar, R/o village Rambagh, Tehsil Deeg, District Bharatpur, Rajasthan
2/3. Bheem Kaur D/o late Ramswaroop W/o Rajendra Singh, aged 51 years, R/o village Shalabad, Tehsil Bayana, District Bharatpur, Rajasthan
2/4. Guman Singh S/o late Ram Swaroop, aged 50 years, by caste Gurjar, R/o village Banji, Tehsil and District Bharatpur 2/5. Tularam S/o late Shri Ramswaroop, aged 48 years, by caste Gurjar, R/o village Banji, Tehsil and District Bharatpur 2/6. Bhim Singh S/o late Shri Ramswaroop, aged 45 years, by caste Gurjar, R/o village Banji, Tehsil and District Bharatpur, Rajasthan
9/2. Hukam Singh Son of Shri Makkhan Lal
9/3. Khem Raj Son of shir Makkhan Lal
10/1. Ram Singh (Since deceased) through L.Rs.
10/1/1. Hansa adopted son of Ram Singh. 10/2. Harveer S/o. Kundan (Deceased) through L.Rs.
10/2/1 Khubi Ram
10/2/2 Nibbu Singh
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10/2/3 Harbhan Singh 10/2/4 Popan 10/2/5 Govind Singh All sons of Late Shri Harveen Gurjar 10/3. Kishanlal Son of Shri Nanga, by caste Gurjar resident of Village Banji, Tehsil and District Bharatpur (since deceased) through his legal heirs-
10/3/1 Atar Kaur w/o Late Kishanlal aged 75 years 10/3/2 Bhupendra Singh s/o Late Kishanlal aged 55 years 10/3/3 Pukhraj s/o Late Kishanlal aged 53 years 10/3/4 Harishchand s/o Late Kishanlal aged 50 years 10/3/5 Badan Singh s/o Late Kishanlal aged 48 years 10/3/6 Indra Singh s/o Late Kishanlal aged 45 years 10/3/7 Daulat Singh s/o Late kishanlal aged 42 years 10/3/8 Bhav Singh s/o Late Kishanlal aged 40 years All r/o Village Banji, Tehsil and District Bharatpur 10/3/9 Laxmi d/o Late Kishanlal w/o Devi Singh r/o Village Churari, Tehsil Roopwas, District Bharatpur
10/3/10 Sunita d/o Late Kishanlal w/o Gabbar Singh r/o Village Churari, Tehsil Roopwas, District Bharatpur 11. Deepa S/o. Dulli Gurjar (Deceased) through L.Rs. 11/1 Amar Singh 11/2 Desh Raj 11/3 Gopi 11/4 Kunwar All sons of Deepa by caste Gurjar, resident of Village Banji, Tehsil and Distt. Bharatpur.
12/4 Bhagwan Singh S/o. Shri Madan Gurjar Resident of Village Banji, Tehsil and district Bharatpur.
...Respondents
Date of Order ::: 24.10.2016
Present Hon'ble Mr. Justice Mohammad Rafiq
Mr. Raghuvendra Singh, counsel for petitioners
Mr. Yogesh Kumar for
Mr. Ghanshyam Brijwasi, counsel for the respondents ####
By the Court :-
This matter has come up on the board for orders on the application bearing inward no.48954 dated 07.10.2016 filed under Order 22 Rule 3 read with Order 22 Rule 4 of the
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Code of Civil Procedure, for taking legal heirs of the deceased petitioner no.2 as well as respondent no.10/3, on record.
For stated reasons, the application is allowed. Legal heirs of deceased petitioner no.2 are ordered to be substituted as petitioners no.2/1 to 2/6 and legal heirs of deceased respondent no.10/3 are ordered to be substituted as respondents no.10/3/1 to 10/3/10. Amended cause-title already filed be taken on record.
Heard learned counsel for the parties on the restoration application.
For stated reasons, the application for restoration of the writ petition is allowed. The writ petition is restored to its original number.
(Mohammad Rafiq) J.
//Jaiman//33
2 issues framed by the court
Whether to allow substitution of legal heirs for deceased petitioner and respondent.
Whether to restore the restored writ petition to its original number.
2 provisions across 1 enactments
Sonpal Son of Shri Natthi
Board of Revenue Rajasthan
State of Rajasthan
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
