KAMLA BAZARI Vs. SMT. CHANDA BAI AND ORS

JUDGEMENT

(1.) THIS petition is directed against the order dated 4.11.2009 passed by the Civil Judge (Jr. Div.),Beawar, whereby the trial court had taken on record the son and married daughters of the original defendant Smt. Chanda Devi after her death in the suit filed by the petitioner -plaintiff.

(2.) HEARD learned counsel Mr. JP Gupta for the petitioner plaintiff. Nobody appears for the respondent No. 2 -original defendant though duly served.

(3.) IT has been submitted by learned counsel for the petitioner that in the other suit filed by the petitioner plaintiff seeking eviction of the tenant Smt. Chanda Devi, the court had substituted only the son Devendra of said Smt. Chanda Devi after her death and in the instant suit filed for recovery of arrears of rent, the trial court has directed that the two married daughters also be taken on record as the legal heirs of said Smt.Chanda Devi. According to him, both the daughters of Chanda Devi were staying at their in -laws places, as specifically stated in the application filed by the petitioner - plaintiff under Order 22 Rule 4 of CPC, and the said fact has not been denied by the respondent No. 2 in his reply. He also submitted that the respondent No. 2 had taken false contention that the married daughters were also residing along with Smt.Chanda Devi at the time of her death with a view to prolong the proceedings.