Bibi Jamila Khatoon vs Gopal Das & Ors on 15 July, 2011

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        FA No.560 of 1982
                        Bibi Jamila Khatoon
                                Versus
                          Gopal Das & Ors
                              -----------

33. 15.07.2011. Heard the learned counsel for the appellant

on the interlocutory application No.2710 of 1998

and the interlocutory application No.8315 of 1997.

The interlocutory application No.2710 of

1998 has been filed for substitution of the legal

representatives of the deceased respondent No.7,

namely, Mano Devi. Since, there was delay in

filing the substitution application, prayer for

condoning the delay and setting aside abatement

has been made. Notices were issued to the

proposed heirs of the deceased respondent No.7.

In spite of service of notice, none of the legal

representatives have appeared to oppose the

prayer.

In view of the above facts and

circumstances of the case, the delay in filing the

substitution application is condoned, abatement is

set aside and the interlocutory application No.2710

of 1998 is allowed. The legal representatives as

mentioned in detail in paragraph 3 of the

substitution application are substituted in place of
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the deceased respondent No.7.

So far I.A. No.8315 of 1997 is concerned,

it is also a substitution application for substitution

of the legal representatives of the deceased

respondent No.3, namely, Basudeo Sao, and in

this application also prayer for condoning the delay

has been made. In spite of service of notice in

substitution matter, the proposed heirs have not

appeared to oppose the substitution application.

Accordingly, the delay in filing the substitution

application is condoned, abatement is set aside and

the interlocutory application No.8315 of 1997 is

allowed. The legal representatives as mentioned in

detail in paragraph 1 of the substitution application

are substituted in place of the deceased

respondent No.3 after deleting his name.

The appellant shall take steps for appeal

notice in ordinary process on the newly substituted

respondents, i.e., the legal representatives of the

deceased respondent No.3 and 7 within ten days.

Peremptory.

Sanjeev/-                                    (Mungeshwar Sahoo,J.)