IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.7 of 2011
Sri Ram Rai & Ors.
Versus
Mostt. Sushila Rai & Ors.
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06. 24.10.2011. An affidavit at flag ‘M’ has been filed on behalf of
the appellants for removal of the defects pointed out by
the Stamp Report.
According to defect no.1, respondent nos.15 to 18
of the memo of appeal are not made party in the certified
copy of the decree under appeal. The affidavit has been
filed by the appellants informing this Court that after the
decree, the defendant no.8, Ashok Kumar Rai died and,
therefore, his legal representatives have been made party
as respondent nos.15 to 18.
So far defect no.2 is concerned, the defendant
nos.9, 10 and 11 are the appellants in this appeal and,
therefore, it appears that the defect itself is defective. In
view of the above facts, the defect nos.1 and 2 stands
removed.
The learned counsel for the appellants submitted
that the Court fee has already been filed.
Nobody appears on behalf of the respondent no.1
to 7 although, vakalatnama has been filed and the names
of the Advocates are printed in the daily cause list.
Put up on 4th of November, 2011 under the same
heading listing I.A. No.1615 of 2011 and also the limitation
application i.e. I.A. No.553 of 2011.
Saurabh (Mungeshwar Sahoo,J.)