IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.31 of 2013
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Ramji Pandit & Ors.
.... .... Appellant/s
Versus
Sukhdeo Pandit & Ors.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Manindra Kishore Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL
ORAL ORDER
6 16-09-2014 Re. I.A. No. 6572 of 2014
Heard Mr. Singh in support of the application. No
one has appeared on behalf of the respondents.
It has been submitted that during the pendency of the
appeal, appellant no. 1 (Ramji Pandit) died on 14.6.2014 leaving
behind his heirs and legal representatives set out in paragraph 2
thereof. Along with the interlocutory application, Vakaltanama on
their behalf has also been filed. It has been stated that the
application has been filed within time.
Considering the facts stated in the application and
submissions made in support thereof as also the fact that there is
no opposition thereto by the respondents, the said application is
allowed. Let the name of appellant no. 1 (Ramji Pandit) be deleted
from the cause title of the Memo of Appeal and in his place, his
heirs and legal representatives as set out in paragraph 2 thereof be
Patna High Court SA No.31 of 2013 (6) dt.16-09-2014 2
substituted.
I.A. No. 6572 of 2014 stands disposed of.
Re. I.A. Nos. 6574 of 2014 & 6573 of 2014.
Heard Mr. Singh in support of the aforesaid two
applications.
I.A. No. 6574 of 2014 has been filed for condoning
the delay in filing I.A. No. 6573 of 2014.
It has been stated that during the pendency of the
appeal, respondent no. 1 (Sukhdeo Pandit) died on 15.4.2014
leaving behind his heirs and legal representatives as set out in
paragraph 1 thereof. It has further been stated therein that two
heirs of respondent no. 1 are already on record as respondent nos.
2 and 3.
Considering the facts stated in the application and
submissions made in support thereof, I.A. No. 6574 of 2014
seeking condonation of delay is allowed. Delay, if any, in filing
I.A. No. 6573 of 2014 is condoned.
Heard Mr. Singh in support of I.A. No. 6573 of 2014.
Nobody has appeared on behalf of the respondents.
The interlocutory application seeks deletion of name
of respondent no. 1 (Sukhdeo Pandit) who died during the
pendency of the appeal on 15.4.2014 leaving behind his heirs and
Patna High Court SA No.31 of 2013 (6) dt.16-09-2014 3
legal representatives as set out in paragraph 1 of thereof.
It has been stated that some of the heirs are already
on record. Only the daughter set out in paragraph 1(c) is now
required to be substituted in place of deceased respondent no. 1.
Considering the facts stated in the application and
submissions made in support thereof, the said application is
allowed. Let the name of respondent no. 1 (Sukhdeo Pandit) be
deleted and in his place, his daughter namely Manjula Devi
detailed at paragraph 1(c) be substituted.
I.A. No. 6573 of 2014 is allowed.
(Kishore Kumar Mandal, J)
Pankaj/-
U
