IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.763 of 1995
GULAB LAL BHAGAT
Versus
JITLAL BHAGAT & ORS
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25. 22.06.2011. Heard the learned counsel for the appellant
on I.A. No.7690 of 2008 and I.A. No.7689 of 2008.
So far I.A.No.7690 of 2008 is concerned, it
is a substitution application for substitution of the
legal representatives of the deceased respondent
No.1. Because of delay in filing the substitution
application, another I.A., i.e. I.A. No.7689 of 2008
on behalf of the appellant for condoning the delay
has been filed. It is submitted that one of the legal
representatives, i.e., son of the respondent No.1 is
already on record as respondent No.2. By this
application, the other legal representatives of the
deceased respondent No.1 are sought to be
brought on record. In the said application, it has
also been prayed that the name of respondent
No.3, namely, Jaleshwari Devi may be expunged
from the cause title of memo of appeal.
Accordingly, the limitation application, i.e., I.A.
No.7689 of 2008 is allowed and the delay in filing
the substitution application is condoned. The
abatement is set aside and the legal
2
representatives as mentioned in detail in paragraph
7 of the substitution application except the
respondent No.2 are substituted in place of the
deceased respondent No.1. The substitution
application thus stands allowed. Likewise, the
name of respondent No.3 is also expunged from
the cause title of memo of appeal.
Sanjeev/- (Mungeshwar Sahoo,J.)