IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.301 of 1994
Chandra Bhushan Tiwary
Versus
The State Of Bihar & Ors
-----------
17. 21.09.2011 I.A.No.2674 of 2006.
The learned counsel appearing on behalf of the
appellant is permitted to make correction in the
substitution petition correctly describing the party position
of the deceased respondent. This Interlocutory application
has been filed on behalf of the appellant praying for
substitution of respondent no.3 (a) stating therein that the
respondent no.3 (a) Vijay Shankar Tiwary died on
03.03.2006 leaving behind his heirs and legal
representatives as mentioned in paragraph no.3 of the
petition. The appellants have also filed I.A.No.9433/2010
for condonation of delay in filing the substitution petition
within the prescribed period of limitation.
Heard the learned counsel appearing on behalf
of the appellant and the learned counsel appearing on
behalf of the respondent.
On the basis of the facts stated in the
I.A.No.9433 of 2010 the delay in filing of the
2
substitution petition with regard to the deceased
respondent no.3 (a) Vijay Shankar Tiwary is hereby
condoned. The substitution petition in I.A.No.2674 of
2006 is allowed and the heirs of the deceased of
respondent no.3 (a) Vijay Shankar Tiwary as mentioned in
paragraph no.2 of the substitution petition are substituted
in his place after expunging his name.
Accordingly, this Interlocutory application is,
thus, allowed.
( V. Nath, J.)
Nitesh