IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.210 of 2009
Sushil Kumar Singh & Ors
Versus
Jokhan Singh & Ors
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5. 26.07.2011 The learned counsel for the appellants states that the
main contesting respondents are respondent no. 1 to 7 in this
appeal and notices have been validly served upon respondent nos.
1, 3 to 5.The notice issued to respondent nos. 2 and 7 have been
received by respondent no.1. It has further been submitted that
respondent no.6 died but no formal substitution petition is required
in view of the fact that his heirs are already on record as respondent
nos. 2 and 7 and therefore a prayer has been made for expunging
his name from the records of this appeal.
In view of the above facts the service notices upon
respondent no.1, 3 to 5 is accepted as valid. Further, as prayed for,
the name of the respondent no.6 who is reported to be dead, is
expunged from the records with the note that his heirs are already
on record as respondent nos. 2 and 7.
As prayed for, one week time is granted to the appellant
to file an affidavit stating jointness between respondent nos. 2 and
7 with Respondent No.1.
Put up this matter after filing of the aforesaid affidavit.
Nitesh (V.Nath, J.)