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Patna High Court - Orders

Mostt. Rajeshwari Devi & Ors vs Dwajdhari Dubey & Ors on 8 October, 2014

Author: Mungeshwar Sahoo

Bench: Mungeshwar Sahoo

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       First Appeal No.353 of 1976
                  ======================================================
                  Mostt. Rajeshwari Devi & Ors
                                                                     .... .... Appellant/s
                                                  Versus
                  Dwajdhari Dubey & Ors
                                                                    .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :   Mr. Nawal Kishore Sharma
                                             Mr. Ashok Kumar Roy
                                             Mr. Bijoy Kumar Singh
                                             Mr. Shyam Nr.Tripathy
                                             Mr. Sanjay Kumar Pandey
                                             Mr. Binod Kumar Singh
                                             Mr. Bijay Shankar Choubey

                  For the Respondent/s    :   Mr. Ram Shankar Pradhan
                                              Mr. Ravi Ranjan

                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
                  SAHOO
                  ORAL ORDER


29   08-10-2014

Item No.(I) :- Heard the learned counsel, Ms. Vagisha Pragya Vacakanavi, on behalf of the appellant on the interlocutory application No.7324 of 2008.

This application has been filed for substitution of the legal representatives of the deceased respondent No.13. The application is within time. Accordingly, it is allowed and the legal representatives of the deceased are substituted in his place after deleting his name.

Issue appeal notice to the newly substituted respondents in ordinary process as well as registered post both within two weeks after Chhath Puja holidays.

2/4 Item No.(II) :- Heard the learned counsel for the appellant on the interlocutory application No.6067 of 2004.

This application has been filed for discharging the guardian of the minor respondent No.9 to 11. It is submitted that the respondent No.9 to 11 has attained majority. In view of the submission, the said respondent No.9 to 11 are declared as major. Their guardians are discharged.

Issue appeal notice to the respondent No.9 to 11 in ordinary process as well as registered post both within the aforesaid period.

Item No.(III) :- Heard the learned counsel for the appellant on the interlocutory application No.2945 of 2004.

This application has been filed for substitution of the legal representatives of the deceased appellant No.13. Because there is delay in filing the substitution application, a separate limitation application has been filed being I.A. No.6025 of 2013. However, it appears that the office has not placed this interlocutory application under the heading for orders on petition. On the request of the learned counsel for the appellant, I have heard the appellant on this application also.

In view of the submission of the learned counsel, the delay, if any, in filing the substitution application is condoned, abatement is set aside and the legal representatives of the deceased 3 Patna High Court FA No.353 of 1976 (29) dt.08-10-2014 3/4 appellant No.13 are substituted in place of the deceased after deleting his name.

It appears that another interlocutory application being I.A. No.6026 of 2013 has been filed by the appellant praying therein to transpose of the legal representatives of the deceased appellant No.13 as respondents in the First Appeal. The learned counsel for the appellant submitted that none of the legal representatives substituted in place of the deceased appellant No.13 have executed Vakalatnama.

In view of the submission of the learned counsel for the appellant, the newly substituted appellants, i.e., the legal representatives of the deceased appellant No.13 are hereby transposed as respondents.

Issue appeal notice to the newly transposed respondents in ordinary process as well as registered post both within the aforesaid period.

Item No.(IV) :- Heard the learned counsel for the appellant on the substitution application at flag 'J' of the office note dated 26.09.2014.

This substitution application has been filed for substitution of the legal representatives of the deceased respondent No.8. It is submitted that some of the legal representatives of the deceased 4 Patna High Court FA No.353 of 1976 (29) dt.08-10-2014 4/4 respondent No.8 are already on record as respondent No.9 to 11.

In view of the aforesaid submission, the substitution application is allowed and the legal representatives are substituted in place of the deceased respondent No.8.

Issue appeal notice to the newly substituted respondents for which the appellant shall file the necessary requisites in ordinary process as well as registered post both within the aforesaid period.

(Mungeshwar Sahoo, J) Sanjeev/-

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