IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.183 of 1998
LIFE INSURANCE CORPN.OF INDIA
Versus
SRIMATI MIRA DEVI & ANR
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16. 01.07.2008 I.A. No. 2692 of 2006 has been filed on behalf of the appellant
for expunction of respondent no. 2 on the plea that he is dead based on
the service report.
Learned Counsel for the respondent no. 1 submits that he has
instructions to state that respondent no. 2 is not dead and is in fact alive
and prays for time to file affidavit in reply to the I.A. application.
In reply, learned Counsel for the appellant submits that
irrespective of the question whether respondent no. 2 is surviving or
dead the fact of the matter is that he was a Performa defendant in the
suit filed by respondent no. 1 and that presently also he is Performa
respondent. Leave may be granted to expunge his name from the array
of respondents.
The prayer is allowed. Let the name of respondent no. 2 be
expunged at the risk of the appellant themselves.
I.A. No. 2692 of 2006 stands allowed.
Snkumar/-
(Navin Sinha,J.)