High Court Patna High Court - Orders

Most. Manorma Kuer & Ors vs Shambhu Saran Choubey & Ors on 2 September, 2011

Patna High Court – Orders
Most. Manorma Kuer & Ors vs Shambhu Saran Choubey & Ors on 2 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   FA No.240 of 2007
                                Most. Manorma Kuer & Ors
                                            Versus
                             Shambhu Saran Choubey & Ors
                                         -----------

18. 02.09.2011 This First Appeal has been listed under the heading

to be mentioned at the instance of the appellants. It is

submitted that by terms of order dated 25.07.2011, the

appellant was directed to file talbana etc. for issuance of appeal

notice on respondent nos.1 to 20. The appellant was required

to file talbana etc. for issuance of notice on respondent nos.1 to

16 only because the rest respondents are interveners and they

have already appeared by filing vakalatnama. However,

inadvertently, talbana etc. has been filed for the intervener,

respondent no.17 also. Likewise, because of inadvertence, this

fact could not be pointed out to the Court on 24.08.2011 and it

was prayed for time to file talbana etc. for notice on respondent

nos.18,19 and 20.

From perusal of the record, it appears that the

respondent nos.17 to 20 have been added as party-respondent

on the basis of the application filed by them. Therefore, they

are appearing through vakalatnama in this appeal.

In such view of the matter, the appellant is not

required to file talbana etc. for issuance of appeal notice on

respondent nos.17 to 20. The office shall issue notice on the

respondent nos.1 to 16 for which talbana etc. have already

been filed.

Saurabh                                              ( Mungeshwar Sahoo, J.)