High Court Patna High Court - Orders

Nirmala Devi &Amp; Ors vs Panna Lal &Amp; Ors on 24 September, 2010

Patna High Court – Orders
Nirmala Devi &Amp; Ors vs Panna Lal &Amp; Ors on 24 September, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 FA No. 333 of 2001

                                      NIRMALA DEVI & ORS
                                             Versus
                                       PANNA LAL & ORS
                                           -----------

11. 24.09.2010 Heard learned counsel appearing on behalf of the

appellants on I.A. No. 2604 of 2006.

This application has been filed on behalf of the

appellants for substitution of legal representatives of the

deceased appellant No.1(a) after setting aside the abatement

and condoning the delay, if any.

Considering the explanation given in the application

for not filing the substitution application within time, I am

satisfied that the appellants were prevented by sufficient

cause from not filing the substitution application within time.

Accordingly, abatement is set aside and the substitution

application is allowed. The legal representatives as

mentioned in detail in paragraph 2 of the substitution

application are substituted in place of appellant No.1(a). The

heirs have already appeared by filing their vakalatnama. The

minors are appearing under the guardianship of their mother.

A separate affidavit has been filed in support of the fact that

the legal guardian has no adverse interest to that of the

minors.

Heard learned counsel for the appellant on I.A. No.

4670 of 2006.

2

This application has been filed for expunging the

name of respondent No.5 on the ground that the legal

representatives of the respondent No.5 are already on record

as appellants because he died issueless.

In view of the above facts, the application is

allowed and the name of respondent No.5 is expunged from

the cause title of the memo of appeal. So far item No.3 of

office note dated 22.9.2010 is concerned, the vakalatnama in

question is ignored. Learned counsel Sri Kinkar Kumar

submitted that he will file fresh vakalatnama within ten days.

(Mungeshwar Sahoo, J.)
S.S.