High Court Patna High Court - Orders

Bibi Jamila Khatoon vs Gopal Das & Ors on 4 July, 2011

Patna High Court – Orders
Bibi Jamila Khatoon vs Gopal Das & Ors on 4 July, 2011
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        FA No.560 of 1982

                        Bibi Jamila Khatoon
                                Versus
                         Gopal Das & Ors
                              -----------

29. 04.07.2011 Heard the learned counsel for the appellant on I.A.

No.2017 of 2011.

This application has been filed for substitution of

the legal representatives of the deceased respondent no.8.

Since it is time barred, the prayer for setting aside

abatement after condoning the delay in filing the

substitution application has been made in the said

application. The legal representatives of the deceased

respondent no.8 have already appeared by filing

vakalatnama. It appears that the respondent no.8 is the

husband of the sole appellant and in fact, they are

supporting the appellant. No objection is raised by them.

Accordingly, this I.A. No.2017 of 2011 is allowed, the delay

in filing the substitution application is condoned, abatement

if any, is set aside and the legal representatives of the

deceased respondent no.8 as mentioned in detail in

paragraph 2 of the substitution application are substituted in

place of the deceased respondent no.8.

Saurabh                                          (Mungeshwar Sahoo,J.)