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Patna High Court - Orders

Lalji Choudhary & Ors vs Ram Pravesh Choudhary & Anr on 29 June, 2010

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                          FA No.761 of 1995
                       LALJI CHOUDHARY & ORS
                                Versus
                   RAM PRAVESH CHOUDHARY & ANR
                              -----------

19.   29.06.2010

It appears that initially there were only two respondents. The other respondents were added pursuant to the order No.16 dated 16.04.2010. Therefore, when the Order No.10 dated 17.03.1999 was passed, there were only two respondents. In the order-sheet, it is mentioned that the respondent No.4 has died and the respondent No.5 is on record. As stated above on 17.03.1999, there was no respondent No.4 nor there was respondent No.5.

It appears that show cause notices were issued to the persons sought to be added as party respondent in this Appeal. The details of the persons sought to be added as party respondent have been mentioned in detail in paragraph 10 of the Interlocutory Application No.6422 of 1998. After hearing the parties, the said Interlocutory Application has been allowed on 16.04.2010. The names as mentioned in detail in paragraph 10 have been added as party respondent No. 3 to 9. It further appears that in the application at paragraph 10, office has noted that Most. Lakhrajo Kuer died which is not the case of either party. It is also not evident from the Order dated 17.03.1999 that this Court recorded that Most. Lakhrajo Kuer died. It further appears that some confusion arose.

2

It is clarified here that none of the persons as mentioned in detail in paragraph 10 of the Interlocutory Application No.6422 of 1998 has died. All of them are alive and, therefore, according to Order No.16 dated 16.04.2010, the office is directed to add all the persons named in paragraph 10 as party respondent.

From perusal of Memo of Appeal, it appears that the name of Most. Lakhrajo Kuer has not been added as party respondent. According to the order aforesaid, the name of Lakhrajo Kuer should be added and the serial number be corrected accordingly. It is stated on behalf of the appellant that the required requisites for appeal notice has already been filed. The office is directed to issue the appeal notice to the said person. 

Sanjeev/-                                  (Mungeshwar Sahoo, J.)