Patna High Court - Orders
Durga Prasad Sinha vs The Registrar General Patna High Court & ... on 28 February, 2018
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15816 of 2014
======================================================
Durga Prasad Sinha
... ... Petitioner/s
Versus
The Registrar General Patna High Court & Anr
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Prasad, Adv.
For the Respondent/s : Mr. Mrigank Mauli, Adv.
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 28-02-2018Interlocutory Application No.2475 of 2016.
Interlocutory Application No.2475 of 2016 has been filed for expunging the name of sole petitioner namely Durga Prasad Sinha and substitute his legal heirs as petitioners.
It is submitted by learned Counsel for the petitioner that the sole petitioner Durga Prasad Sinha died on 07.02.2016 leaving behind his widow Most. Mridula Sinha, Vihbhaw Kumar, Shivali Kumari. Hence, the name of the sole petitioner be expunged and the names of his legal heirs be added as petitioners.
Learned Counsel for respondents have no objection to the prayer made in the interlocutory application.
In the circumstances, the learned Counsel for the petitioner Patna High Court CWJC No.15816 of 2014(2) dt.28-02-2018 2/3 is permitted to expunge the name of sole petitioner Durga Prasad Sinha from the cause title and implead his legal heirs as petitioners, who have entered appearance through Vakalatnama.
The interlocutory application is, accordingly, allowed. Re. C.W.J.C. No. 15816 of 2014.
The present Writ application has been filed for a direction to respondents authorities to return the document which was filed in T. S. No. 150 of 1969 in the Court of Additional Munsif- II, Gopalganj and T.A. No. 73 of 1975 in the Court of Sub- Judge-II, Gopalganj which are available with the L.C.R. called in S.A. No. 261 of 1983.
It is submitted by learned Counsel for the respondents that the records have been traced and the information has been transmitted to the Civil Court, Gopalganj for getting the records received from this Court, thereafter, the petitioner can get the same under the prescribed procedure.
In the circumstances, the petitioners are permitted to file a fresh application before the learned Court below for receiving the document within a period of six weeks which will be disposed of by learned Court below within a period of four weeks of submission of application by the petitioner in accordance with the prescribed procedure. Patna High Court CWJC No.15816 of 2014(2) dt.28-02-2018 3/3 In view of the above facts the application has become infructuous accordingly, it is disposed of.
(Dinesh Kumar Singh, J) Ashwini/-
U