Patna High Court - Orders
Shambhu Sharan Singh @Shambhu Nath ... vs Gaya Nath Singh on 7 August, 2017
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.29 of 2011
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Shambhu Sharan Singh @Shambhu Nath Singh
.... .... Appellant/s
Versus
Gaya Nath Singh
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Manoj Kumar Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
5 07-08-2017Learned counsel for the appellant submits that sole appellant died during pendency of this appeal and I.A. No. 3473 of 2017 has been filed for substitution of legal representative of sole appellant.
From perusal of I.A. No. 3473 of 2017, it would appear that sole appellant died on 08.02.2017 and substitution petition under Order 22 Rule 3 read with Section 151 of the C.P.C. was filed on 03.05.2017 i.e. within ninety days of death of sole appellant.
Therefore, in the aforesaid circumstances, I.A. No. 3473 of 2017 stands allowed and it is ordered that name of deceased appellant be expunged from the memo of this appeal and in his place, his legal representatives, as mentioned at para-4 of aforesaid interlocutory application, be substituted. Patna High Court FA No.29 of 2011 (5) dt.07-08-2017 2/2
List this matter for hearing on I.A. No. 5528 of 2011 on 21.08.2017 under the same heading.
(Hemant Kumar Srivastava, J) SHAHZAD/-
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