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enquiry as to legal heirs-factors to be taken in to consider


Enquiry as to legal heirs-factors to be taken in to consideration

 
Now coming to the judgments of the Apex Court (supra),  in the 
case of Jaladi Suguna's case (supra), the facts were that the Plaintiff Suguna 
died during the pendency of the Appeal which was filed against the decree 
which was in her favour. Two applications for being brought on record as heirs 

were filed, one by her husband who claimed to be the sole heir, and the other 
application which was filed by her nieces and nephews, who claimed on the 
basis of a Will executed by Suguna in their favour. The High Court of Andhra 
Pradesh directed the Trial Court under the proviso to Rule 5 of Order XXII of 
the Code of Civil Procedure to try the said question and submit its findings. 
The Trial Court accordingly held an enquiry and submitted a report to the High 
Court. However, the High Court did not proceed to determine the said issue as 
ig
to who was the legal representative of the said Suguna but proceeded to hear 
the main Appeal and decided the same.  It is in the said context that the Apex 
Court held that the High Court should have decided the said issue firm before 
deciding   the   Appeal,   as   by   not   deciding   the   issue,   the   Appeal   has   been 
proceeded with against a dead person. However, what is relevant to note in the 
context of the present Petition is that there were a competing claims in the said 
case.
In the case of M/s. Kanhiya Singh Santok Singh (supra) the facts 
were that a decree was passed in favour of the landlord i.e. Kartar Singh on the 
ground of bonafide requirement, the said decree was passed at the Appellate 
stage as the Trial Court had dismissed the suit in question. Against the said 
decree the Defendant tenant Santok Singh had filed a Second Appeal in the 
High Court. Pending the Second Appeal, the said Santok Singh died. The sons 
of the said Santok Singh namely Man Mohan Singh and Jaswant Singh filed an 

http://www.lawweb.in/2013/09/enquiry-as-to-legal-heirs-factors-to-be.html

 
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