IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.252 of 2003
Jagdamba Manjhi & Ors
Versus
Kumbh Nath Ram & Ors
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28 29-8-2011 I.A.No. 8311 of 2010
This Interlocutory application has been filed on
behalf of the heirs of appellant no.10,Jamuni Devi, who is
said to have died on 26-2-2010 leaving behind the applicant
and others described in detail in paragraph no.2 of the
application. Another I.A.No. 8312 of 2010 has been filed
for condonation of delay in filing the substitution petition
wherein it has been stated that the applicant had no
knowledge of the pendency of the appeal and there is no
deliberate or intentional delay in filing this petition for
substitution
Learned counsel appearing on behalf of
respondent no.1 objects to the prayer of substitution.
In view of the facts stated in the Interlocutory
application, the delay in filing the substitution petition is
condoned and the abatement is set aside. The name of
appellant no.10, Jamuni Devi, is expunged from the records
of this appeal and is substituted by her heirs and legal
representatives,as mentioned in paragraph no.2 of
2
I.A.No.8311 of 2010. The heirs have appeared by filing
Vakalatnama in this appeal. This order will be subject to
payment of cost of Rs.500/- to the respondent no.1 within
two weeks.
( V. Nath, J.)
roy