IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.710 of 1994
Jyotish Chandra Choudhary & Or
Versus
Sahdeo Choudhary & Ors
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18. 26.08.2011. Heard the learned counsel for the appellants on
I.A. No.8812 of 2010 and 8810 of 2010.
So far I.A. No.8812 of 2010 is concerned, it is
a substitution application for substitution of the legal
representatives of the deceased respondent nos.18, 20
and 14.
So far I.A. No.8810 of 2010 is concerned, it is
a limitation application. The learned counsel for the
appellants submitted that the delay occurred because of
the fact that earlier substitution application was filed
but it was dismissed for non-compliance of the order of
this court as dismissed for default. The learned counsel
further submitted that out of the legal representatives
of the deceased respondents some of the legal
representatives are already on record and, therefore,
the appeal will not abate as a whole because the appeal
arises out of partition suit.
In view of the above facts and circumstances
of the case, the Interlocutory Applications mentioned
above are allowed, the delay in filing the application is
condoned, abatement is set aside and the legal
representatives of the deceased respondent nos.18, 20
2
and 14 who are not on the record are substituted in
place of the said deceased respondents after deleting
their names.
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.
Saurabh (Mungeshwar Sahoo, J.)