IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11509 of 2011
Chhotan Mistry
Versus
The State Of Bihar & Anr
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8. 03.11.2011 The learned counsel for the petitioner
submitted that the sole defendant namely Ram Pyari Devi
died. The plaintiff-petitioner filed substitution application i.e.
Annexure 1 for substitution of her son namely Om Prakash
Mishra. The trail court rejected the said application for
substitution and held that the suit is dismissed as abated.
Thereafter the petitioner filed application for deleting the
name of sole defendant under Order 22 Rule 4 sub Rule 4
C.P.C. on the ground that she only filed written statement but
did not contest the suit which was also rejected by the
impugned order.
Issue notice to the respondents in admission
matter. The petitioner shall take steps for notice in admission
matter in ordinary process as well as registered post both for
which the necessary requisites must be filed within two
weeks. Peremptory.
S.S. (Mungeshwar Sahoo, J.)