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2011 DIGILAW 1269 (RAJ)

Manoj Kumar v. Sarpanch, Gram Panchayat, Chhoti Khatu

2011-07-04

VINEET KOTHARI

body2011
JUDGMENT 1. - By this appeal, the impugned order of the learned Additional Dist. Judge, Deedwana dated 17.7.2003 is challenged whereby the learned Additional Dist. Judge rejected the application under Order 22, Rule 3 C.P.C. for bringing on record the legal representatives of late Sh. Bhanwar Lal against whom suit was filed for declaration in respect of 10 biswas of land by the Gram Panchayat, Chhoti Khatu. The trial Court has rejected the said application on the ground that the application was not signed and supported by the affidavit. 2. Mr. Hemant Chaudhary, the learned counsel appearing for the appellant , defendant has urged that the applicant Manoj Kumar; was minor adopted son of defendant Bhanwar Lal who was contesting the said suit and therefore, he could not sign any affidavit in support of said application. However, bringing to the notice of this Court the provisions of Section 7 of the Oaths Act, 1969 which provides that proceedings and evidence are not invalidated on account of omission or irregularity therein, the learned counsel urged that a fresh opportunity deserves to be granted to file appropriate application with affidavit of guardian of said minor. 3. This contention is not seriously opposed by the plaintiff , respondent Gram Panchayat, Chhoti Khatu. 4. Having heard the learned counsels, this Court is of the opinion that in the interest of justice, the impugned order dated 26.11.2007 deserves to be set aside and a fresh opportunity should be granted to the defendant to bring on record the legal representative of deceased defendant Bhanwar Lal by moving a fresh appropriate application duly supported by affidavit of guardian of the minor. 5. Accordingly, this appeal is allowed. The impugned order dated 26.9.2007 is set aside with aforesaid observations. No order as to costs.Appeal allowed. *******