IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.95 of 1985
RAM CHANDRA TIWARY
Versus
PRAHALAD TIWARY & ORS
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36/ 10.07.2008 Heard learned counsel for the appellant and learned counsel
for some of the respondents.
This Second Appeal will be heard. Admit.
Following substantial question of law arises for consideration
in the instant Second Appeal :
(i) Whether the impugned judgment and decree
of the lower appellate court can be sustained in law in
view of the facts that it was passed against a dead
person, namely, Ram Nandan Ojha, who was appellant
no.3 and had died during the pendency of the title appeal
but neither the other appellants or the heirs of the said
Ram Nandan Ojha took any step for substitution of his
heirs?
Learned counsel appearing for some of the
respondents accepts appeal notice on their behalf.
Let appeal notice be sent to the remaining respondents by
ordinary process for which Talbana etc. must be filed within one week,
failing which this Second Appeal as against them shall stand dismissed
without further reference to a Bench.
Call for lower court records.
harish (S.N. Hussain, J.)