Patna High Court - Orders
Lal Babu Kunwar & Ors vs Navjidi Kunwar & Ors on 2 March, 2015
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.202 of 1984
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Lal Babu Kunwar & Ors
.... .... Appellant/s
Versus
Navjidi Kunwar & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. S.S.Dwivedi
Mr. V.K.Sinha
Mr. A.K.Tripathi
Mr. R.S.Dwivedi
Mr. Ranjan Kumar Dubey
For the Respondent/s : Mr. Barmeshwar Tiwary
Mr. J.Saran
Mr. Binay Kant Mani Tripathi
Mr. Raju Giri
Mr. Jyoti Saran
Mr. Vikas Ratan Bharti
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
22 02-03-2015Seen the office notes.
Heard learned counsel for the appellants. I.A. No. 569/2014 is with regard to substitution of heirs of Respondent No.11, namely, Raj Kali Devi who died on 26.11.2013 leaving behind the heirs as detailed under para-2 thereof. The aforesaid petition was filed on 22.01.2014.
Another I.A. No.275/2015 has been filed on account of death of Respondent No. 7(b), namely, Sheo Kumari Devi who died on 17.08.2014 leaving behind her heirs detailed under para-2 of the petition. The aforesaid petition Patna High Court FA No.202 of 1984 (22) dt.02-03-2015 2 has been filed on 12.01.2015.
It has been submitted on behalf of the appellant that I.A. No. 569/2014 happens to be within time. In likewise manner, it has been submitted that I.A. No. 275/2015 has been filed within 60 days in terms of Article 121 of the Limitation Act prescribing the time for recalling of abetment within 60 days inconsonance with the time prescribed under Article 120 of the Limitation Act identifying the process of substitution.
To buttress such theme, learned counsel for the appellant also relied upon 2009 (3) PLJR 28.
Gone through the citation as referred above. Consequent thereupon, both the I.A. petitions, i.e. I.A. Nos. 569/2014 and I.A. No. 275/2015 are allowed. Office to carry out substitution.
Appellant is directed to file requisites under both processes against the substituted heirs within four weeks.
(Aditya Kumar Trivedi, J) perwez U