IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.212 of 1981
RAM PRATAP RAI & ORS
Versus
SHREE DEO RAI & ORS
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63. 01.12.2010 Perused the office notes dated 30.11.2010.
So far item no. 1 of the said office notes is
concerned, it appears that the substitution
application i.e. I.A. No. 2359 of 2002 has been filed
on 92nd day. Therefore, in view of Article 120 and
121 of the Limitation Act, no question of filing
application for condoning the delay arises. The
appellants are required to pray for setting aside
abatement only. Limitation under Section 5 is
applicable after 150 days.
The learned counsel for the appellants
seeks permission to make necessary correction
praying for setting aside abatement in the I.A. No.
2359 of 2002. Prayer is allowed.
So far item no. 2 i.e. I.A. No. 5531 of 2003
is concerned, the appellants shall file Vakalatnama
within one month.
Saurabh ( Mungeshwar Sahoo, J.)