NARAINDRA KUMAR Vs. ANIL KUMAR

JUDGEMENT

(1.) The petitioner seeks the quashing of the order Annexure P/5 dated 18-11-1991 passed by the First Additional Judge to the Court of District Judge, Guna, thereby holding the appeal preferred by the petitioner's father through him, as incompetent, and not maintainable, on the application preferred by respondent No. 1 under Order 32, Rule 3, sub-rule (5) of the Code of Civil Procedure.

(2.) Respondent No. 1 had filed a suit against the father of the petitioner named, Sugan Chand for his eviction on the ground of the genuine requirement. Since Sugan Chand, the defendant was of unsound mind, the petitioner was appointed as guardian ad litem of defendant Sugan Chand but later on the learned trial Court removed the guardianship of petitioner and appointed Shri Vilas Tikhe, Advocate, as guardian ad litem of the defendant. Ultimately on 31/08/1990, the judgment and decree was passed by the trial Court, decreeing the suit of the plaintiff-respondent No. 1.

(3.) As against the judgment and decree, the appeal was preferred by the petitioner showing himself as guardian of the defendant. The objection about the competency of appeal, as filed, was taken by respondent on his appearance in the appellate Court. During the pendency of the appeal, defendant Sugan Chand died. Thereafter, an application was moved by the legal representatives of deceased Sugan Chand under Order 22, Rule 3 of C.P.C. for the substitution of their names in place of deceased Sugan Chand on record.