High Court Patna High Court - Orders

Jyotish Chandra Choudhary & Or vs Sahdeo Choudhary & Ors on 26 August, 2011

Patna High Court – Orders
Jyotish Chandra Choudhary & Or vs Sahdeo Choudhary & Ors on 26 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     FA No.710 of 1994
                             Jyotish Chandra Choudhary & Or
                                              Versus
                                   Sahdeo Choudhary & Ors
                                           -----------

18. 26.08.2011. Heard the learned counsel for the appellants on

I.A. No.8812 of 2010 and 8810 of 2010.

So far I.A. No.8812 of 2010 is concerned, it is

a substitution application for substitution of the legal

representatives of the deceased respondent nos.18, 20

and 14.

So far I.A. No.8810 of 2010 is concerned, it is

a limitation application. The learned counsel for the

appellants submitted that the delay occurred because of

the fact that earlier substitution application was filed

but it was dismissed for non-compliance of the order of

this court as dismissed for default. The learned counsel

further submitted that out of the legal representatives

of the deceased respondents some of the legal

representatives are already on record and, therefore,

the appeal will not abate as a whole because the appeal

arises out of partition suit.

In view of the above facts and circumstances

of the case, the Interlocutory Applications mentioned

above are allowed, the delay in filing the application is

condoned, abatement is set aside and the legal

representatives of the deceased respondent nos.18, 20
2

and 14 who are not on the record are substituted in

place of the said deceased respondents after deleting

their names.

The appellants shall take steps for appeal

notice on the newly substituted respondents in ordinary

process for which the requisites must be filed within two

weeks. Peremptory.

Saurabh                          (Mungeshwar Sahoo, J.)