IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.536 of 1979
Fateh Bahadur Singh & Ors
Versus
Smt. Jamwanti Kuer & Ors
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82. 06.09.2011 Perused the office note dated 5.9.2011.
So far item No.1 i.e. I.A. No. 7662 of 2008 is
concerned is a substitution application filed by the
appellants for substitution of the legal representatives
of the deceased respondent No.15 (a) and deletion of
name of respondent No.14(a). The application is within
time. Accordingly, the interlocutory application No.
7662 of 2008 is allowed and the legal representatives of
the deceased respondent No.15(a) as mentioned in
detail in paragraph 2 of the substitution application are
substituted in place of the deceased respondent
No.15(a) after deleting his name. The appellants shall
take steps for fresh service of appeal notice on the
newly substituted respondents in ordinary process for
which the requisites must be filed within two weeks.
Peremptory.
So far respondent No.14(a) is concerned it is
submitted that he died leaving behind legal
representatives who are already on record as
respondent No.14(b) and 14(c). Accordingly, the name
of respondent No.14(a) is expunged from the cause title
of memo of appeal.
2
So far item No. 2 i.e. I.A. No. 3549 of 2010 is
concerned is also a substitution application. It is also in
time. Accordingly, the said application is allowed and
the legal representatives of the deceased respondent
No.4 as mentioned in detail in paragraph 2 are
substituted in place of the deceased respondent No.4
after deleting his name. The appellants shall take steps
for appeal notice on the newly substituted respondents
in ordinary process for which the requisites must be
filed within two weeks. Peremptory.
S.S. (Mungeshwar Sahoo,J.)