IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.95 of 2010
LAKHAN PRASAD GUPTA & ORS.
Versus
DUMRAON PROPERTIES ENTERPRISES
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5 08.11.2010 Re. I.A. No. 3266 of 2010
Learned counsel is permitted to make
necessary correction in paragraph no. 3 of I.A. No.
3266 of 2010 with regard to the date of the order of the
lower appellate court.
I.A. No. 3266 of 2010 has been filed under
Chapter VI Rule 4 of the Patna High Court Rules read
with Section 151 of the Code of Civil Procedure for
granting permission to appellant nos. 15, 16 and 17 to
prosecute this appeal. It is stated that the appellant no.
2 in the court below died during the pendency of the
Appeal No. 9 of 1991 leaving behind his legal
representatives (now present appellant nos. 15, 16 and
17) and a petition for their substitution was filed,
which was allowed on 4.4.2005. However, by mistake
it appears that name of appellant no. 2 remains reflected
in the decree of the lower appellate court.
Learned counsel appearing for the other side
2
raises no objection in this regard.
As a result, this interlocutory application has
been allowed and the concerned defect is ignored and
the appellant nos. 15 to 17 are allowed to prosecute .
So far the date of disposal of appeal is
concerned the learned counsel of other side has
submitted that it has already been rectified. However,
upon the prayer of the appellants and well as the
respondents this defect is ignored as it has jointly
been urged that it is obviously a typographical
mistake.
Re. I.A. No. 6786 of 2010
I.A. No. 6786 of 2010 shall be considered at
the time of hearing of this appeal under Order XLI Rule
11 of the Code of Civil Procedure.
Put up for hearing under aforesaid heading
within top five cases on 6.12.2010 if the appeal is
ready.
If the appeal is not ready for hearing then the
same would be listed along with the defects.
In the meantime, further proceedings of
Execution Case No. 5 of 1991 pending in the Court of
3
Munsif 1st, Buxar, shall remain stayed till the disposal
of I.A. No. 6786 of 2010.
Spd/- ( Dr. Ravi Ranjan, J.)