IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2285 of 2006
MAHESH KUMAR SAH
Versus
MOST.SUDAMA DEVI & ORS
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14 18.11.2010 Re. I.A. No. 5719 of 2010
Learned counsel for the petitioner is permitted
to make necessary correction with regard to provision
of law in I.A. No. 5719 of 2010.
Heard learned counsel for the petitioner.
I.A. No. 5719 of 2010 has been filed for
expunging the name of the deceased sole petitioner,
namely, Mahesh Kumar Sah, who is stated to have died
on 19.4.2010 leaving behind his widow Smt. Ratna
Kumari as his sole legal representative as described in
paragraph no. 4 of this application.
A Vakalatnama on behalf of both the legal
representatives has been filed along with this
application.
Learned counsel appearing for the opposite
party nos. 2 and 3 is also present and raises no
objection.
As a result, this application is allowed. Let the
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name of the deceased sole petitioner, namely Mahesh
Kumar Sah be expunged and in his place his legal
representative as described in paragraph no. 4 of this
application be substituted.
Re. I.A. No. 8336 of 2010
This application has been filed for expunging
the name of the deceased opposite party no. 1, namely,
Sudama Devi, who is stated to have died on 28.1.2009
leaving behind her legal representatives, being the sons
of the deceased, who are already on record as opposite
party nos. 2 and 3 respectively and rest are described in
paragraph no. 4. Earlier, notice was issued to the rest of
the proposed legal representatives. However, nobody
appears on their behalf.
Learned counsel appearing on behalf of the
opposite party nos. 2 and 3 raises no objection.
In above view of the matter, I.A. No. 8336 of
2009 is allowed. Let the name of deceased opposite
party no. 1, namely, Sudama Devi be expunged from the
array of opposite parties and in her place her legal
representatives as described in paragraph no. 4 be
substituted, as her sons are already on record as
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opposite party nos. 2 and 3 respectively.
Issue notice to the newly substituted opposite
parties under ordinary process as well as registered cover
with A/D for which requisites etc. must be filed within
one week, failing which the civil revision application
shall stand dismissed against them without further
reference to a Bench.
Spd/- ( Dr. Ravi Ranjan, J.)