Satya Narain Tatma vs Tilak Das & Ors on 29 September, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Second Appeal No.606 of 1991
                                   Satya Narain Tatma
                                           Versus
                                     Tilak Das & Ors
                             ----------------------------------

08. 29.09.2011. Heard the learned counsel for the parties

on the interlocutory application Nos.994 of 2007

and 995 of 2007.

It appears that the limitation application,

i.e., I.A. No.995 of 2007 has been filed for

condoning the delay and I.A. No.994 of 2007 has

been filed for substitution after setting aside

abatement. It was not necessary because the

substitution application has been filed on 94 th day

from the date of death.

Considering the fact that there is only 3-4

days delay in filing the substitution application.

The substitution application is allowed and the

abatement is set aside. The legal representatives

of the deceased sole appellant as mentioned in

detail in paragraph 2 of the substitution application

are substituted in place of the sole appellant. They

have already appeared by filing Vakalatnama.

Sanjeev/-                                   (Mungeshwar Sahoo,J.)