The State Of Bihar & Ors vs Ramadhar Sharma & Anr on 7 August, 2015

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Patna High Court - Orders

The State Of Bihar & Ors vs Ramadhar Sharma & Anr on 7 August, 2015

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.44 of 2015
                                                    In
                              Civil Writ Jurisdiction Case No. 20478 of 2012
                 ======================================================
                 The State Of Bihar & Ors
                                                                      .... .... Appellant/s
                                                   Versus
                 Ramadhar Sharma & Anr
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :   Mr. Mritunjay Kumar, A.C. to A.A.G.10
                 For the Respondent No.1 : Dr. Mayanand Jha, Advocate
                 For the Respondent No.2 : Mr. Madhuresh Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                           And
                           HONOURABLE MR. JUSTICE CHAKRADHARI
                           SHARAN SINGH
                 ORAL ORDER
                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE )

4   07-08-2015

I.A. No.1530 of 2015 This application has been filed by the appellants for substituting the heirs and legal representatives of deceased respondent No.1, namely, Ramadhar Sharma, who is stated to have died, on 18.06.2014, during the pendency of this appeal.

Heard Mr. Mritunjay Kumar, learned Assistant Counsel to Additional Advocate General, No.10, appearing for the appellants, and Dr. Mayanand Jha, learned counsel appearing for the proposed heirs and legal representatives of deceased respondent No.1. Heard also Mr. Madhuresh Prasad, learned counsel, appearing for the respondent No.2 Patna High Court LPA No.44 of 2015 (4) dt.07-08-2015 2/3 Having regard to the facts and circumstances, the prayer for substitution is, in the interest of justice, allowed.

Let the name of deceased respondent No.1 be expunged from the record and in his place the names of his heirs and legal representatives, mentioned in paragraph 2 of the interlocutory application, be substituted.

I.A. No.1530 of 2015 stands disposed of accordingly.

Interlocutory Application No.176 of 2015:

This application has been filed by the appellants, under section 5 of the Limitation Act, seeking condonation of delay of 110 days in preferring the present letters patent appeal against the order, dated 08.07.2014, passed by the learned single Judge in C.W.J.C. No. 20478 of 2012.

Heard Mr. Mritunjay Kumar, learned Assistant Counsel, appearing for the appellants, and Dr. Mayanand Jha, learned Counsel, appearing for newly substituted legal representatives of deceased respondent no.1. Heard also Mr. Madhuresh Prasad, learned counsel, appearing for the respondent No.2 Having considered the reasons assigned in the present limitation petition and having heard the learned counsel Patna High Court LPA No.44 of 2015 (4) dt.07-08-2015 3/3 for the parties, this Court is satisfied that the appellants were prevented by sufficient causes from preferring the appeal within time.

In view of the above, the delay of 110 days, in preferring the letters patent appeal, is hereby condoned.

I.A. No. 176 of 2015 stands disposed of.

Letters Patent Appeal No. 44 of 2015:

Let this appeal come up, under the heading 'For Admission'.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Sunil/-

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Patna High Court - Orders