IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.508 of 2009
Narayan Ram & Ors.
Versus
Shyam Sundar Sah & Anr.
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4 26-9-2011 I.A.No. 4679 of 2011
This Interlocutory application has been filed on
behalf of the appellants stating therein that respondent no.2
in the court below, namely, Jaya Devi, died and her son,
namely, Pawan Ram , was already on record in court below
as respondent no.2(a).
Another I.A.No.4680 of 2011 has been filed
under section 5 of the Limitation Act praying for
condonation of delay in filing this Interlocutory application.
The learned counsel has pointed out that a supplementary
affidavit has also been filed on 23-9-2011 in this appeal on
behalf of the appellants stating that by inadvertence the
statement in the above two Interlocutory applications to the
effect that deceased, Jaya Devi, died issueless was made,
whereas in fact she died leaving behind her son, who was
already a party in the court below as well as a party in this
second appeal as appellant no. 4 . This supplementary
affidavit dated 23-9-2011 is not on the record . However,
the learned counsel appearing for the appellants has
2
provided a copy of the same in court.
This Interlocutory application has been
necessitated in view of Defect no.1 pointed out by the
Stamp Reporter. In view of the statement made in I.A.No.
4679 of 2011 and the supplementary affidavit dated 23-9-
2011 this Defect no.1 is ignored.
( V. Nath, J.)
roy