IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.97 of 1988
Ram Bachan Lohar & Ors
Versus
Jamuna Lohar
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18 17-10-2011 I.A.No. 4102 of 2003
This Interlocutory application has been filed on behalf of the
appellants stating therein that appellant no.1, Ram Bachan Lohar,
died on 30th March, 2002, leaving behind the heirs and legal
representatives as mentioned in paragraph no.1 of the petition.
Another I.A.No. 5681 of 2011 has been filed under section 5 of
the Limitation Act and under Order 22 Rule 9 C.P.C. praying for
condonation of delay and setting aside abatement with regard to
the above mentioned prayer for substitution.
The respondent no.1 has filed a counter-affidavit to I.A.No.
4102 of 2003. However, there is no counter-affidavit/reply to the
statements made in I. A.No. 5681 of 2011. The learned counsel
appearing on behalf of respondent no.1/plaintiff states that he has
now no objection to the prayer for substitution in view of the order
dated 14-9-2011 passed in M.J.C.No.3603 of 2011
In view of the submissions made by the parties and the
statements made in the petition, it appears that sufficient cause has
been mentioned preventing the filing of the substitution petition
within the prescribed period and as such the delay in filing the
petition for substitution is condoned and abatement is set aside.
I.A.No. 4102 of 2003 is allowed and the names of the
heirs and legal representatives of deceased appellant no.1, as
2
mentioned in paragraph no.1 of the said petition, are substituted in
place of the deceased appellant no.1, Ram Bachan Lohar, after
expunging his name from the records of this case. It may be noted
that the heirs and legal representatives of deceased appellant no.1
have already appeared by filing Vakalatnama in this appeal.
( V. Nath, J.)
roy