Sarjug Ram @ Sarjugh Singh @ Sarjug Prasad And ANR v. Pradeep Kumar And ORS

Patna High Court C.Misc. No.858 of 2016 (2) dt.21-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.858 of 2016 ====================================================== Sarjug Ram @ Sarjugh Singh @ Sarjug Prasad & Anr .... .... Appellant/s

Versus

Pradeep Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Surendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-10-2016 Heard learned counsel for the petitioners.

Perused the order dated 18.05.2016 passed by learned Munsif-II, Biharsharif in Eviction Suit No.07 of 2003 whereby the learned court below has allowed the substitution application only. It appears that eviction suit has been filed by the original plaintiff against the defendants-petitioners. After death of original plaintiff her legal representatives have been substituted. The petitioners are taking plea that they had filed objection to the substitution application but it has not been considered. In my opinion, since the court below has only allowed the substitution application after the death of sole plaintiff, no prejudice is caused to the other side i.e. the tenant. In fact, it appears that the defendants, who are tenants, are adopting the dilatory tactics, therefore, this civil miscellaneous application is devoid of merit and accordingly, it is dismissed. (Mungeshwar Sahoo, J) Harish/- U