High Court Patna High Court - Orders

Daropadi Devi vs Shri Kishore Sinha on 3 November, 2011

Patna High Court – Orders
Daropadi Devi vs Shri Kishore Sinha on 3 November, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             First Appeal No.163 of 1990
                                      Daropadi Devi
                                          Versus
                                   Shri Kishore Sinha
                             ----------------------------------

11. 03.11.2011. Heard the learned counsel for the appellant

on the interlocutory application No.3325 of 2000.

This is a substitution application filed on

behalf of the appellant for substitution of the legal

representatives of the deceased respondent No.1.

The application is within time. It is stated that out of

the legal representatives as mentioned in detail in

paragraph 1 of the substitution application the widow,

Dropadi Devi, is already on record as appellant (now

she is also dead). The rest of the legal

representatives are required to be substituted.

Accordingly, the interlocutory application

No.3325 of 2000 is allowed and the legal

representatives as mentioned in detail in paragraph 1

of this interlocutory application are substituted in

place of the deceased respondent No.1 after deleting

his name.

As stated above since the widow who was

original appellant also died and, therefore, another

application, i.e., I.A. No.7413 of 2011 has been filed

on behalf of the legal representatives of the deceased

appellant as mentioned in detail in paragraph 4 who

were substituted earlier for being transposed as
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appellant in this appeal. Accordingly, this

interlocutory application is allowed and they are

transposed as appellant in this appeal.

The learned counsel, Mr. Yogendra Mishra,

submitted that he will file an application for

restoration application within two weeks. Prayer is

allowed.

Sanjeev/-                                 (Mungeshwar Sahoo,J.)