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Patna High Court - Orders

Bhagwat Das vs Gena Baitha & Ors on 22 August, 2012

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

           Patna High Court SA No.694 of 2010 (6) dt.22-08-2012




                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                             Second Appeal No.694 of 2010
                        ======================================================
                        Bhagwat Das
                                                                           .... .... Appellant/s
                                                       Versus
                        Gena Baitha & Ors
                                                                          .... .... Respondent/s
                        ======================================================
                        Appearance :
                        For the Appellant/s    : Mr. Rajesh Kumar
                        For the Respondent/s    : Mr.
                        ======================================================
                        CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
                        SAHOO
                        ORAL ORDER

6        22-08-2012

Heard the learned counsel for the appellant on the interlocutory application No. 4141 of 2012.

The learned counsel for the appellant submitted that the respondent No.5 in the lower appellate court namely Prahlad Sah died during the pendency of the title appeal and, therefore, his widow was substituted. However, by mistake his name is carried out in the certified copy of the decree under appeal as such the defect No.1 has been pointed out.

In view of the above submission of the learned counsel and the statement made in the interlocutory application the defect No.1 is ignored.

(Mungeshwar Sahoo, J) S.S./-