IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2110 of 2007
RAJENDRA SAH & ORS
Versus
RAMJEE ROY & ORS
For the petitioners: M/s Madhav Roy &
R.N.Tiwari, Advocates.
..........
7 25.11.2010 Re. I.A. No. 6525 of 2009
Learned counsel for the petitioners is permitted
to make necessary correction with regard to provision
of law in this application.
Heard learned counsel for the petitioners.
This Interlocutory Application has been filed
for expunging the name of the deceased opposite party
no.1 namely, Ramjee Rai, who is stated to have died on
06.12.2008 leaving behind his legal representatives as
described in paragraph no. 2 of this application.
Earlier on 01.04.2010, notices were issued to
the proposed legal representatives of deceased opposite
party no.1. In response thereof, the legal representative
nos. 1(I) to 1(V) of the deceased opposite party no.1
have appeared by filing vakalatnama. However, no one
has appeared on behalf of the legal representative nos.
1(VI) and 1(VII).
2
Heard learned counsel appearing on behalf of
proposed legal representatives Nos. 1(I) to 1(V) of the
deceased opposite party no.1. No one appeares on
behalf of the proposed legal representative nos. 1(VI)
and 1(VII) despite service of notice.
The petition is well within the statutory period
of limitation and the minors have been shown to be
under guardianship of their mother Most. Sugo Devi and
there is statement that the guardian has got no adverse
interest as against the minors.
No counter affidavit has been filed. Learned
counsel appearing for the proposed legal representatives
in the aforesaid case does not oppose this application.
As a result, this application is allowed. Let the
name of the deceased opposite party no.1, namely,
Ramjee Rai, be expunged and in his place his legal
representatives as described in paragraph no. 2 of this
application be substituted.
Sanjay-II ( Dr. Ravi Ranjan, J.)