IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.219 of 1988
RAJESHWAR PD.SINGH
Versus
AWADH BEHARI SINGH & ORS
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62 23.7.2010 I.A.No.669/10
Heard the learned counsel for the appellant on
I.A.No.669/10.
This application has been filed for expunging the name of
respondent no.3(A), namely, Ramwati Devi on the ground that her
legal representatives are already on record as respondents no.3 to
3(G).
Accordingly, this application is allowed and the name of
respondent no.3(A) is expunged from the cause title of memo of
appeal.
The name of Ramawati Devi is also expunged from the
cross objection filed by the respondent – cross objector. In the cross-
objection Ramawati Devi was one of the appellants. Her heirs are
already on record as other cross objectors.
The interlocutory application at Flag ‘M’ is allowed.
I.A.No.967/10
Heard the learned counsel for the parties on I.A.
No.967/10.
This is a substitution application. The respondent no.11,
namely, Janardan Singh, died on 5.1.2010 and the substitution
application has been filed on 2.2.2010. The application is within
time.
2
Accordingly, I.A.No.96710 is allowed.
The legal representative as mentioned in paragraph 1 of
the application are substituted in place of the deceased respondent
no.11.
It may be mentioned here that respondent no.11, namely,
Janardan Singh was appellant, i.e., cross-objector in the cross-
objection. An application has been filed by the cross-objectors for
substituting the legal representatives of respondent no.11 and the
legal representatives have already appeared by filing Vakalatnama.
Therefore, the I.A.No.967 of 2010 filed in this appeal and
the I.A.No.1718 of 2010 at flag-N filed in the cross-objection are
allowed.
No appeal notice is necessary to be issued.
Office is directed to list the other Interlocutory
Applications after one week.
AnilKr.Sinha ( Mungeshwar Sahoo, J. )