Ramashish Sharma vs Damodar Sharma on 8 September, 2010

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                FA No.329 of 1988

                                  RAMASHISH SHARMA
                                        Versus
                                   DAMODAR SHARMA
                                       -----------

11. 08.09.2010 Heard learned counsel for the appellant on

I.A. No. 588 of 2007.

This is substitution application filed on

behalf of the appellant for substitution of the legal

representatives of respondent No.2. The respondent

No.2 Tunkanath Sharma died leaving behind his

sons who are appellant Nos.1, 2 and 3 and one son is

respondent no.7. The other legal representatives who

are sought to be substituted have been mentioned in

detail in paragraph 2(a), (e), (f), (g). The application is

within time. Accordingly, the substitution application

i.e. I.A. No. 5880 of 2007 is allowed. The legal

representatives as mentioned in detail in paragraph

2(a), (e), (f), (g) are substituted in place of deceased

respondent No.2. The appellant shall take steps for

appeal-notice on the newly substituted legal

representatives in ordinary process within 10 days,

failing which the appeal shall stand dismissed as

against the concerned respondents without further
2

reference to a Bench.

In the said I.A. No. 5880 of 2007 it is

mentioned that respondent No.1 died leaving behind

only legal representatives who are already on record

as respondent No.4. Therefore, it is prayed that the

name of respondent No.1 may be expunged.

Accordingly, the prayer is allowed.

Let the name of respondent No.1 be

expunged from the cause title of the memo of appeal.

So far I.A. No. 2859 of 2009 is concerned,

issue notice in substitution matter to the legal

representatives of the deceased respondent No.8

sought to be substituted, in ordinary process. The

appellant shall take steps for show cause notice in

ordinary process within 10 days, failing which the

substitution application shall stand rejected without

further reference to a bench.

So far I.A. No. 2367 of 2010 is concerned, it

is also out of time. Therefore, issue notice in

substitution matter i.e. I.A. No. 2367 of 2011 to the

legal representatives of the deceased respondent Nos.

3 and 9. The appellant shall take steps for show

cause notice in substitution matter in ordinary
3

process within 10 days, failing which the substitution

application shall stand rejected without further

reference to a bench.

S.S.                              ( Mungeshwar Sahoo, J. )