High Court Patna High Court - Orders

Mahesh Mahto vs Jhum Lal Rai &Amp; Ors on 28 June, 2010

Patna High Court – Orders
Mahesh Mahto vs Jhum Lal Rai &Amp; Ors on 28 June, 2010
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                            FA No.177 of 1996
                             MAHESH MAHTO
                                  Versus
                           JHUM LAL RAI & ORS
                                -----------

26. 28.06.2010. Issue notice in substitution matter, i.e., I.A. No.7449 of 2009

and the limitation application regarding the same substitution

application on the legal representatives of the deceased respondent No.4

who are sought to be substituted. The appellant shall take steps for

notice to show cause in ordinary process within 3 weeks.

So far the supplementary affidavit at flag ‘C’ is concerned, it is

stated that notices to show cause were issued regarding the I.A. NO.254

of 2004 which was in relation to substitution of the deceased respondent

No.5 vide order No.15 dated 19.02.2007 because of typing mistake in

the application for substitution, i.e., I.A. NO.254 of 2004, the name of

widow has been typed as Nagina Kuwar instead of Mudrika Devi. The

supplementary affidavit is accepted the said supplementary affidavit at

flag ‘C’ shall form part of the Interlocutory Application No.254 of

2004.

Issue fresh notice in substitution matter to the widow of

respondent No.5, namely, Mudrika Devi, widow of Sukhdev Thakur.

The appellant shall take steps for notice on her in ordinary

process within 3 weeks failing which the substitution application shall

stand dismissed.

Sanjeev/-                                              (Mungeshwar Sahoo, J.)