IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.38 of 2007
OM PRAKASH & ORS
Versus
SRI PANDEY GIRINDRA NARAYAN SI
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10. 24.02.2011. Heard the learned counsel for the appellant on
I.A. No.7519 of 2008.
This interlocutory application No.7519 of 2008 has
been filed on behalf of the appellant for substitution of the
legal representative of the sole deceased respondent.
After notice, the legal representative have already
appeared.
According to the substitution application, the
appellants were not knowing about the death of the sole
respondent. So, there is delay in filing the substitution
application.
In view of the above, I am satisfied that the
appellants was prevented by sufficient cause from not filing
the substitution application within time. Accordingly, the
delay in filing the substitution application is condoned,
abatement is set aside and the legal representatives of the
deceased sole respondent as mentioned in detail in
paragraph 5 are substituted in place of the deceased sole
respondent. The legal representatives have already
appeared and, therefore, no notice is necessary.
Sanjeev/- (Mungeshwar Sahoo,J.)
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