Patna High Court - Orders
Basmati Devi & Ors. vs Sumitra Devi And Ors. on 21 January, 2016
Author: V. Nath
Bench: V. Nath
Patna High Court SA No.249 of 1991 (29) dt.21-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.249 of 1991
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Basmati Devi & Ors. .... .... Appellant/s
Versus
Sumitra Devi And Ors. .... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ratan Kumar Kumar
Mr. Shivaji Singh
For the Respondent/s : Mr. M/S Krishna Bihari
Mr. Vinay Kumar Sinha
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
29 21-01-2016Nobody appears on behalf of the appellants.
The Interlocutory Application (I.A. No. 4797 of 2010) has been filed stating that the deceased respondent No. 1 Sumitra Devi died about ten years back. The prayer has been made to substitute one son of the deceased respondent No. 1 in her place. However, from perusal of the supplementary affidavit filed on behalf of the proposed heirs of appellant No. 2, at flag 'Y', it transpires that the deceased respondent No. 1 Sumitra Devi had in fact four sons as mentioned in para 1 of the supplementary affidavit. It also appears from the record that husband of the deceased respondent No. 1 Sumitra Devi is already on record as respondent No. 2.
In view of the fact that the husband of the deceased respondent No. 1 is already on record as respondent No. 2, the name of deceased respondent No. 1 Sumitra Devi is expunged from the memo of appeal.
The substitution application is accordingly dismissed as not pressed.
Snkumar/- (V. Nath, J.) U