IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.302 of 2010
Bibi Najmunnissa & Ors.
Versus
Nur Fatima & Ors.
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13. 26.07.2011 I.A.No.8530 of 2010.
This Interlocutory application has been filed on behalf
of the appellants stating therein that the respondent no.11, Sheikh
Islam died on 07.08.2010 leaving behind his heirs and legal
representatives as mentioned in paragraph no.2 of the petition.
The substitution petition is within time. The learned
counsel appearing on behalf of the respondents has no objection
to the prayer of substitution.
The substitution petition is allowed. Let the heirs of
the deceased respondent no.11, Sheikh Islam be substituted in his
place after expunging his name from the records of this appeal.
I.A.No.10100 of 2010.
This Interlocutory application has been filed on behalf
of the appellants under chapter 6 of the Patna High Court Rules
stating therein that respondent no.1 died on 16.04.2010
immediately after the judgment and decree under appeal had
been passed on 13.04.2010.
The learned counsel appearing on behalf of the
appellants has submitted that the heirs and legal representatives
of the deceased respondent no.1 have already been impleaded as
2
respondent Ist Set in the memo of appeal at the time of filing of
appeal itself. And as such only the requisite permission under the
provisions of Patna High Court Rules for pursuing the appeal as
against them is required.
The learned counsel representing respondent no.1(b)
and respondent no.1(e) is present .
In view of the facts stated in the application, this
Interlocutory application is allowed and the appellant is
permitted to pursue the appeal as against the heirs as mentioned
in paragraph no.2 of the petition.
It has been submitted on behalf of the appellants that a
supplementary affidavit has been filed on 01.07.2011 and further
a reply to the supplementary counter affidavit has also been filed
on 25.07.2011 but the same are not on the records. The office is
directed to find out the supplementary affidavit and reply to
supplementary counter affidavit and other necessary filings with
regard to I.A.No. 6862 of 2010 and place the same on the records
of this appeal.
Put up this matter tomorrow i.e. 27.07.2011 with the
aforesaid documents.
Nitesh (V.Nath, J.)