S/524/1964 of Y.S.NANJIAH SETTY and ORS Vs JAGDISHPRASAD PODDAR and ANR. on 20 September 1971

1. Today this matter has been placed on board fordirections because it has been brought to my attention by theRegistry that though by virtue of amendment granted by orderdated 23[rd] August, 1971 the heirs of defendant No.1 were brought onrecord, inadvertently the name of Defendant No.2 was deleted whenthe amendment was carried out. Defendant No.2 Mr. ShreeprakashPoddar is in fact alive and present before me today. He has alsoproduced his Original Aadhar card as well as PAN card. The copiesof the aforesaid documents have also been tendered to the Court andtaken on record and marked “X” and “X-1” respectively. Clearly itappears that defendant No.2’s name has been deleted by mistake. In fact, the name of Defendant No.1 Jagdishprasad Poddar ought tohave been deleted as he expired on 30[th] November, 1970 asevidenced by the death certifcate produced by Defendant No.2today. The copy of the said death Certifcate is also taken on recordand marked “X-2”for identifcation. In these circumstances, theRegistry is directed to delete the name of Defendant No.1 andrestore the name of Defendant No.2 in the papers and proceedings ofthe above Suit and reconstruct the drawn up decree accordingly.After the aforesaid process is done, the Registry shall issue acertifed copy of the drawn up decree to Defendant No.2.

(B.P. COLABAWALLA, J.)