Patna High Court - Orders
Kamla Devi & Ors vs Chinta Devi & Ors on 16 June, 2014
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.225 of 2007
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Kamla Devi & Ors
.... .... Appellant/s
Versus
Chinta Devi & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sudhir Kumar
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
22 16-06-2014Heard the parties on the interlocutory application No.8354 of 2012 and I.A. No.8355 of 2012.
In view of the submission made by the learned counsel for the appellant and statement made in the interlocutory application, the limitation application, i.e., I.A. No.8355 of 2012 is allowed. The delay, if any, is condoned and abatement, if any, is set aside. The substitution application, i.e., I.A. No.8354 of 2012 is allowed. The legal representatives as mentioned in detail at paragraph 2 of the interlocutory application are substituted in place of the deceased appellant No.9 after deleting her name.
It is submitted that some of the legal representatives have 2 Patna High Court FA No.225 of 2007 (22) dt.16-06-2014 2/2 not executed Vakalatnama and, therefore, prayer has been made for transposing the newly substituted appellant as respondent who have not executed the Vakalatnama. In view of the aforesaid submission, the newly substituted appellants No.9 IV, V, IX and X are transposed as respondent in the First Appeal. The others have already appeared through Vakalatnama. The appellant shall file the necessary requisites for appeal notice on the transposed respondents in ordinary process as well as registered post both within 10 days.
(Mungeshwar Sahoo, J) Sanjeev/-
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