IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.16 of 1990
Shree Narayan Singh
Versus
Smt Manorama Devi & Ors
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07. 16.08.2011. Perused the office note dated 11.08.2011.
So far item no.1 is concerned, it appears that
order no.4 dated 18.12.1997 has been recorded in this
appeal on the application filed by the learned counsel,
Mr. Ramakant Sharma under Section 151 of the Code of
Civil Procedure kept at flag ‘A’.
From bare perusal of the memo of appeal as
well as the said application and the name of the parties
mentioned in the said application, it appears that the
said application does not relate to this First Appeal. It
appears that because of some mistake in the number of
the First Appeal mentioned in the said Interlocutory
Application, wrongly the said order has been recorded.
Therefore, the said order no.4 dated 18.12.1997 is
recalled.
So far item no.2 is concerned, the affidavit
filed by the appellant is accepted. In the said affidavit,
it has been stated that the respondent no.1, Smt.
Manorama Devi died leaving behind her legal
representatives who are already on record as appellant
and respondent nos.2, 6 and 7. In such view of the
matter, the affidavit is accepted and the name of the
respondent no.1 is deleted from the cause title of memo
2
of appeal.
So far respondent no.2 to 7 are concerned, the
appellant shall take steps for appeal notice on the said
respondent nos.2 to 7 in ordinary process for which the
requisites must be filed within 4 weeks. Peremptory.
The learned counsel for the appellant
submitted that the respondent nos.3, 4 and 5 were
shown as minors in the year 1990 when the First Appeal
was filed. Because of lapse of time, the said
respondents have now attained majority, therefore,
they are declared as major and the appellant shall take
steps for appeal notice on them as major.
Saurabh (Mungeshwar Sahoo,J.)