High Court Patna High Court - Orders

Jagdish Chandra Roy vs Urmila Devi &Amp; Ors on 8 November, 2010

Patna High Court – Orders
Jagdish Chandra Roy vs Urmila Devi &Amp; Ors on 8 November, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                FA No.703 of 1976

                              JAGDISH CHANDRA ROY
                                      Versus
                                URMILA DEVI & ORS
                                     -----------

74. 08.11.2010 Perused the office notes dated 04.11.2010.

The office has pointed out that in the year 1977,

when the legal representatives of the respondent no. 1 were

substituted, they were minors. Now, they have attained

majority, but no such application has been filed by the

applicant. From the cause title of memo of appeal, it appears

that respondent nos. 1(c) to 1(g) were substituted in the year

1977 on the death of respondent no. 1. After 33 years, they

must have attained majority and the Court can take judicial

notice of this fact.

The learned counsel for the respondents submitted

that they have attained majority and therefore, they appeared

by filing Vakalatnama.

In such view of the matter, the appellant is not

required to file application as pointed out by the office notes.

The office is directed to list this appeal under the heading

“For Hearing” as directed by Order No. 73 dated 03.09.2010.

( Mungeshwar Sahoo, J.)
Saurabh