IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.524 of 1981
RAM CHANDRA TIWARY
Versus
RAM SWAROOP MANJHI & ORS
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19. 15.09.2010. Heard the parties on the Interlocutory Application
No.1441 of 2009.
This application is under Order 22 Rule 3 C.P.C.
Application is within time. Accordingly, the substitution
application is allowed. The legal representatives of the
deceased appellant No. 1(d), namely, Chapkalo Kuer as
mentioned in para 2 are substituted in place of appellant No.
1(d). All the legal representatives have appeared by filing
Vakalatnama.
Heard the learned counsels for the parties on I.A.
No.1440 of 2009. This application has been filed under Order
22 Rule 4 (4) C.P.C. for exempting the appellant from
substituting the legal representative of the deceased
respondent No. 3(e) who had neither appeared nor filed
written statement nor contested the suit in the Court below.
Prayer is allowed. The appellant is exempted from
substituting the legal representative of the deceased
respondent No. 3(E). The name of respondent No. 3(E) be
expunged from cause title of memo of Appeal.
Sanjeev/- (Mungeshwar Sahoo, J.)