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Patna High Court - Orders

Most. Lalita Kuer & Ors vs Gauri Shankar Ram & Ors on 12 February, 2013

Author: Kishore Kumar Mandal

Bench: Kishore Kumar Mandal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.545 of 2008
                 ======================================================
                 Most. Lalita Kuer & Ors
                                                                      .... .... Petitioner/s
                                                   Versus
                 Gauri Shankar Ram & Ors
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    : Mr. Najmul Hoda
                 For the Respondent/s     : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
                 MANDAL
                 ORAL ORDER

3   12-02-2013

Re. I.A. No. 1303 of 2010 Learned counsel for the petitioner presses I.A. No. 1303 of 2010 which has been filed for expunging the name of deceased O.P. No. 5 and for addition of his heirs and legal representatives.

For the reasons stated in the application and the submissions made in support thereof, the said application is allowed subject to any objection to be raised in this regard by the proposed heirs set out in paragraph 2 thereof.

Let notice of M.J.C. No. 545 of 2008 be issued to the newly substituted heirs of O.P. No. 5 as set out in paragraph 2 of I.A. No. 1303 of 2010 both under registered cover with A/D and ordinary process requisites etc for which must be filed within four weeks failing which the application as against the concerned opposite parties shall stand rejected without further reference to a Patna High Court MJC No.545 of 2008 (3) dt.12-02-2013 2 Bench.

I.A. No. 1303 of 2010 stands disposed of. Learned counsel for the petitioners looking at the marginal notes prays for and is permitted four weeks' time to take steps for fresh service of notice with present and correct address on O.P. Nos. 13, 16 and 18 both under registered cover with A/D and ordinary process. Same time is also allowed for taking steps for filing substitution petition failing which the application as against the concerned opposite parties shall stand rejected without further reference to a Bench.

(Kishore Kumar Mandal, J) Pankaj/-