IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.708 of 1977
Ayodhya Tiwari @ Ram Ayodhya&O
Versus
Most Jag Roshna Kuer & Ors
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38. 08.07.2011. Heard the learned counsel for the appellant
on the interlocutory application No.1237 of 2009
and I.A. No.1238 of 2009.
So far I.A. No.1237 of 2009 is concerned,
the said application has been filed by the appellant
for expunging the name of respondent No.20 on
the ground that his legal representatives is already
on record as respondent No.19. Prayer is allowed.
The name of respondent No.20 is expunged from
cause title of memo of appeal.
So far I.A. No.1238 of 2009 is concerned,
it is a substitution application for substitution of the
legal representatives of the deceased appellant
No.1. It is submitted that this appeal was
dismissed on 09.02.1998 and thereafter a review
application was filed. During the pendency of the
said review application, the appellant No.1 died,
therefore, in the said review application, the legal
representatives of the appellant No.1 who are
sought to be substituted here in this appeal were
substituted.
In view of the above fact that this
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interlocutory application No.1238 of 2009 is
allowed and the legal representatives as mentioned
in detail in paragraph 2 of the said application are
substituted in place of the appellant No.1. All of
them have appeared by filing Vakalatnama.
Thus both the interlocutory applications
stands allowed.
Sanjeev/- (Mungeshwar Sahoo,J.)