VINOD MAHENDRU AND ORS Vs. PRAKASH MEHENDRU AND ORS
HIGH COURT OF UTTARAKHAND
VINOD MAHENDRU AND ORS
PRAKASH MEHENDRU AND ORS
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(1.) This revision is directed against the order dated 16.03.2012 passed by Civil Judge (Senior Division) Hardwar, in Suit No. 63 of 2009 whereby said court has dismissed the substitution application No. 55A moved on behalf of the revisionists for substitution of legal heirs on plaintiff No.2.
(2.) Perusal of the plaint shows that the suit was filed by Vilas Rai Charitable Trust, and its trustee Shyamlal. From the application 55A moved before the trial court it appears that Shyamlal, who was trustee of plaintiff No.1 Vilas Rai Dharmarth Trust, has died. The trial court has rejected the application of substitution moved by Vinod Mahendru and Suneel Mahendru, sons of Shyamlal (plaintiff No.2) to get substituted in place of their father Shyamlal, who died on 29.01.2011.
(3.) Learned counsel for the defendants/respondents pleaded that in respect of the suit filed on behalf of a trust, it is only trustee who can prosecute the same. It is further pointed out that plaintiff No.2 Shyamlal was prosecuting the suit as trustee of the trust (plaintiff No.2), which is apparent copy of the plaint.;
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