Patna High Court - Orders
Raj Kumar Jaiswal vs Smt. Ram Lali Devi & Ors on 5 February, 2013
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Revision No.1853 of 2008
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Raj Kumar Jaiswal
.... .... Petitioner/s
Versus
Smt. Ram Lali Devi & Ors
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Laxmi Narayan Das
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
7 05-02-2013Re: I.A. No.7983 of 2012:
This interlocutory application has been filed on behalf of the petitioner for substitution of opposite party no.1 (Smt. Ram Lali Devi) who has deceased during the pendency of the proceedings. An interlocutory application was filed on behalf of the petitioner for substitution but the names of the legal heirs were incomplete and it is in this background that the husband of deceased opposite party no.1, i.e. opposite party no.2 who has filed appearance through counsel, was directed to supply the names of the legal heirs and which has since been supplied through counter affidavit filed on behalf of opposite party no.2, i.e. the husband of deceased opposite party no.1.
Considering the submissions made in I.A. No.7983 of 2012 and the statement made in the counter affidavit filed on behalf of opposite party no.2 as also after hearing Mr. Amar Patna High Court C.R. No.1853 of 2008 (7) dt.05-02-2013 2 Nath Mishra, learned counsel appearing for opposite party no.2 I.A. No.7983 of 2012 is allowed. Let the name of deceased opposite party no.1, Smt. Ram Lali Devi be expunged from the proceedings and be substituted by her legal heirs who are named in paragraph 9 of the counter affidavit filed on behalf of opposite party no.2.
Mr. Amar Nath Mishra, learned counsel for the opposite party no.2 has submitted that he shall also be filing Vakalatnama on behalf of the substituted heirs of deceased opposite party no.1 (Smt. Ram Lali Devi) within a week.
In view of the said submission, no notice is required to be issued to the substituted heirs of deceased opposite party no.1 who shall now be appearing through counsel, Mr. Amar Nath Mishra.
(Jyoti Saran, J) SKPathak/-