IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.260 of 2000
Ram Balak Singh & Ors
Versus
Krishna Kumar Singh & Ors
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14. 03.08.2011 Perused the office note dated 2.8.2011.
Heard the learned counsel on behalf of
the appellant on the interlocutory application No.
5415 of 2009 i.e. item no. 1.
This interlocutory application is a
substitution application which is within time.
Therefore, it is allowed and the legal representatives
of the deceased respondent No.19 Dashrath Singh as
mentioned in detail in paragraph 1 of the substitution
application and paragraph 3 of the supplementary
affidavit are substituted in place of the deceased
respondent No.19 after deleting his name. The
appellants shall take steps for appeal notice on the
newly substituted respondents in ordinary process
within two weeks.
So far item No.2 i.e. I.A. No. 99 of 2011
is concerned the learned counsel for the appellants
submitted that he will file a separate application under
Section 5 of the Limitation Act for condoning the delay
in filing the substitution application i.e. I.A. No. 99 of
2011. The prayer is allowed.
So far item No.3 i.e. I.A. No. 100 of the
2
2011 is concerned it is also a substitution application
which is within time. Accordingly, the said
interlocutory application is allowed and the legal
representatives of the deceased respondent No.6
namely Ramnath Singh as mentioned in detail in
paragraph 1 of the substitution application are
substituted in place of the deceased respondent No.6
after deleting his name.
The appellant shall take steps for appeal
notice on the newly substituted respondents in
ordinary process within two weeks. Peremptory.
S.S. (Mungeshwar Sahoo,J.)