IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.255 of 2009
SMT. PARWATI DEVI
Versus
BHOLA MANJHI & ANR
-----------
6/ 24.01.2011 I.A. No. 9473 of 2010 at Flag ‘X’ and I.A. No.
9472 of 2010 at Flag ‘Y’.
Learned counsel for the appellant is permitted to
make necessary correction in I.A. No. 9472 of 2010
regarding the provisions of law for the prayer for setting
aside the abatement of the present Second Appeal. Let him
do so during the course of the day.
I.A. No. 9473 of 2010 has been filed under Order
22 Rule 4 read with Section 151 of the Code of Civil
Procedure with a prayer to expunge the name of respondent
no. 1, Bhola Manjhi, who is said to have died issueless on
03.03.2010.
I.A. No. 9472 of 2010 has been filed with a
prayer for condonation of delay in filing I.A. No. 9473 of
2010 as also for setting aside the order of abatement of
appeal with respect to deceased respondent no. 1.
Learned counsel submits that the appellant had no
knowledge/information about the death of respondent no.1,
2
Bhola Manjhi, as he was living at some other place, and she
came to know for the first time on 20.10.2010.
In the aforesaid facts and circumstances, issue
notice to respondent no. 2 by ordinary process as also under
Registered post with A/D to show cause as to why the
prayers made by the appellant in the interlocutory
applications be not allowed, for which requisites etc. must
be filed within two weeks, failing which, the applications
shall stand rejected without further reference to a Bench.
( Birendra Prasad Verma, J )
Anjani/