High Court Patna High Court - Orders

Muneshwar Pandit vs Pawan Kumar Mahto & Ors on 1 July, 2011

Patna High Court – Orders
Muneshwar Pandit vs Pawan Kumar Mahto & Ors on 1 July, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                          C.R. No.1803 of 2006
                           Muneshwar Pandit
                                 Versus
                        Pawan Kumar Mahto & Ors
                                -----------

15/- 01.07.2011 The learned counsel for the petitioner has filed

a copy of supplementary affidavit in the present I.A.

Let it be kept on record.

I.A. No. 2954 of 2011

The petitioner has filed an application under

Order XXXII Rule 12 of the Code of Civil Procedure,

stating therein that opposite party No. 4 has died on

25.4.2005 leaving behind two minor son who are

opposite party No. 5 & 6, namely, Gopal Kumar Mahto

and Rajesh Kumar Mahto.

The petitioner submits that earlier minor

opposite party No. 5 & 6 were represented through

their father, opposite party No. 4, but, they have not

appeared through their natural guardian. Though,

notices have validly been served upon them.

Learned counsel for the petitioner submits that

opposite party No. 5 has attained majority on

16.2.2002 and opposite party No. 6 has attained

majority on 24.4.2004 and, hence, they may be

permitted to pursue their cases on their own, as they

have attained the majority.

Learned counsel for the petitioner prays that in
2

the interest of justice, the guardian of opposite party

Nos. 5 & 6 may be discharged and they may be allowed

to pursue their case on their own as they have already

attained the majority.

The prayer is allowed.

The Guardian of opposite party No. 5 & 6 is

discharged.

Since opposite party Nos. 5 & 6 have not

appeared, issue fresh notice upon respondent Nos. 5 &

6 by ordinary process as well as registered cover with

A/D for which requisites, etc. must be filed within a

period of two weeks, failing which the petition as

against them shall stand dismissed without further

reference to the Bench.

Put up this case on receipt of the service

report.

Sanjeet/- (Ashwani Kumar Singh, J.)