High Court Patna High Court - Orders

Raj Narain Chy. vs Jangilal Chy.&Amp; Ors on 18 November, 2010

Patna High Court – Orders
Raj Narain Chy. vs Jangilal Chy.&Amp; Ors on 18 November, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                           FA No.694 of 1985
                         RAJ NARAIN CHAUDHARY.
                                  Versus
                       JANGILAL CHAUDHARY & ORS.
                                -----------

26. 18.11.2010. Heard the learned counsel appearing on behalf of the

appellant on I.A. No.9064 of 2010.

It appears that by terms of Order dated 19.08.2010 after

hearing the appellant on I.A. No.1710 of 2010 and 1709 of 2010,

the appellant was directed to take steps for show cause notice in

substitution matter on the legal representatives sought to be

substituted in place of the deceased respondent No.5. The learned

counsel appearing for the appellant submitted that in fact

respondent No.5 is still alive but due to wrong information, his

name has been mentioned in the substitution application.

According to the learned counsel, in fact the respondent No.4,

Shashibhushan Chaudhary has died and, therefore, appellants

seeks permission to make necessary correction in the Interlocutory

application No.1710 of 2010 and 1709 of 2010. After making

necessary correction, the appellant shall take steps for show cause

notice on the legal representatives of the said deceased respondent

No.4 as directed by this Court on 19.08.2010. If correction is made

in the Interlocutory Application, the order No.25 dated 19.08.2010

shall stand corrected, i.e., the number of respondent No.5 shall be

read as respondent No.4. The learned counsel submitted that she

will make necessary correction in the substitution application during

the course of the day and shall take steps for show cause in

ordinary process within one week from today. Prayer allowed.

Sanjeev/-                                              (Mungeshwar Sahoo, J.)
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