High Court Patna High Court - Orders

Kishun Sah &Amp; Ors vs Ganesh Sah &Amp; Ops on 22 September, 2010

Patna High Court – Orders
Kishun Sah &Amp; Ors vs Ganesh Sah &Amp; Ops on 22 September, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  FA No.165 of 1967

                                        KISHUN SAH & ORS
                                              Versus
                                        GANESH SAH & OPS
                                            -----------

92. 22.09.2010 Heard the parties on I.A. No. 6040 of 2005.

This is an application under Order 22 Rule 4 C.P.C.

filed on behalf of the appellant for the substitution of the

legal representatives of the deceased respondent no. 2

namely Jagganath Shah. The substitution application is

within time.

Accordingly I.A. no. 6040 of 2005 is allowed.

The legal representatives as mentioned in detail in

paragraph no. 1 of the application are substituted in place

of the deceased respondent no. 2.

The learned counsel appearing on behalf of

respondent no. 4 stated that the appellant has not

mentioned the other legal representatives who are the

daughters of the deceased respondent no. 2. However, no

such affidavit has been filed giving the details of the said

daughters. Therefore, if in future the daughters and/or any

other legal representatives appear and filed any application

that may be considered according to law.

The appellant shall take steps for appeal notice

on the newly substituted respondents in ordinary process

within one week.

Sushma                                                ( Mungeshwar Sahoo, J.)
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