High Court Patna High Court - Orders

State Thr.Collector,Munger&Ors vs Godhan Prasad Singh & Ors on 3 August, 2011

Patna High Court – Orders
State Thr.Collector,Munger&Ors vs Godhan Prasad Singh & Ors on 3 August, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             First Appeal No.162 of 1992
                           State Thr.Collector,Munger&Ors
                                          Versus
                            Godhan Prasad Singh & Ors
                             ----------------------------------

15 3-8-2011 In this First Appeal I.A.No. 4772 of 2011 has

been filed on behalf of the respondents praying that the

appeal has abated as against respondent no.2 for non-

substitution of his heirs within the prescribed period after

his death and further prayer is that in view of the abatement

of the appeal against defendant respondent no.2, the whole

appeal has consequently become incompetent. It appears

that this First Appeal is to be heard analogous with C.R.No.

1175 of 2004, which has been listed for hearing. The

learned counsel appearing on behalf of the respondents,

however, submits that no such petition has been filed in the

civil revision application praying for abatement. He prays

for one week’s time to file appropriate petition in the civil

revision application.

As prayed for, put up this petition after two weeks

along with interlocutory application which may be filed in

C.R.No. 1175 of 2004, which has been listed for hearing.

( V. Nath, J.)
roy