IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.177 of 1996
MAHESH MAHTO
Versus
JHUM LAL RAI & ORS
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26. 28.06.2010. Issue notice in substitution matter, i.e., I.A. No.7449 of 2009
and the limitation application regarding the same substitution
application on the legal representatives of the deceased respondent No.4
who are sought to be substituted. The appellant shall take steps for
notice to show cause in ordinary process within 3 weeks.
So far the supplementary affidavit at flag ‘C’ is concerned, it is
stated that notices to show cause were issued regarding the I.A. NO.254
of 2004 which was in relation to substitution of the deceased respondent
No.5 vide order No.15 dated 19.02.2007 because of typing mistake in
the application for substitution, i.e., I.A. NO.254 of 2004, the name of
widow has been typed as Nagina Kuwar instead of Mudrika Devi. The
supplementary affidavit is accepted the said supplementary affidavit at
flag ‘C’ shall form part of the Interlocutory Application No.254 of
2004.
Issue fresh notice in substitution matter to the widow of
respondent No.5, namely, Mudrika Devi, widow of Sukhdev Thakur.
The appellant shall take steps for notice on her in ordinary
process within 3 weeks failing which the substitution application shall
stand dismissed.
Sanjeev/- (Mungeshwar Sahoo, J.)