IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1803 of 2006
Muneshwar Pandit
Versus
Pawan Kumar Mahto & Ors
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15/- 01.07.2011 The learned counsel for the petitioner has filed
a copy of supplementary affidavit in the present I.A.
Let it be kept on record.
I.A. No. 2954 of 2011
The petitioner has filed an application under
Order XXXII Rule 12 of the Code of Civil Procedure,
stating therein that opposite party No. 4 has died on
25.4.2005 leaving behind two minor son who are
opposite party No. 5 & 6, namely, Gopal Kumar Mahto
and Rajesh Kumar Mahto.
The petitioner submits that earlier minor
opposite party No. 5 & 6 were represented through
their father, opposite party No. 4, but, they have not
appeared through their natural guardian. Though,
notices have validly been served upon them.
Learned counsel for the petitioner submits that
opposite party No. 5 has attained majority on
16.2.2002 and opposite party No. 6 has attained
majority on 24.4.2004 and, hence, they may be
permitted to pursue their cases on their own, as they
have attained the majority.
Learned counsel for the petitioner prays that in
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the interest of justice, the guardian of opposite party
Nos. 5 & 6 may be discharged and they may be allowed
to pursue their case on their own as they have already
attained the majority.
The prayer is allowed.
The Guardian of opposite party No. 5 & 6 is
discharged.
Since opposite party Nos. 5 & 6 have not
appeared, issue fresh notice upon respondent Nos. 5 &
6 by ordinary process as well as registered cover with
A/D for which requisites, etc. must be filed within a
period of two weeks, failing which the petition as
against them shall stand dismissed without further
reference to the Bench.
Put up this case on receipt of the service
report.
Sanjeet/- (Ashwani Kumar Singh, J.)