Patna High Court - Orders
Basudeo Tanti & Ors vs Suresh Prasad Singh@Suro Pd. on 30 April, 2012
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.116 of 2009
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Basudeo Tanti & Ors
.... .... Appellant/s
Versus
Suresh Prasad Singh@Suro Pd.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Binod Murari Mishra
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
8 30-04-2012I.A.No. 2579 of 2012 This Interlocutory application has been filed on behalf of the appellants stating therein that Ratneshwar Prasad was respondent no.5 in the appellate court below and after his death his heirs had been substituted in his place after expunging his name by the appellate court below, but their names could not find mention in the certified copy of the decree under appeal. However, the said 2 Patna High Court SA No.116 of 2009 (8) dt.30-04-2012 2/2 heirs have been impleaded as respondent nos. 5 to 5(b) in this memo of appeal. In view of this statement, the defect with regard to respondent nos. 5 to 5(b) is ignored.
With regard to respondent nos. 6 to 8 of this appeal, it has been stated by the learned counsel for the appellants that these respondents were already party in the court of appeal below as appellant nos. 6 to 8. In this view of the matter, the defect with regard to respondent no.6 to 8 is ignored.
With regard to the prayer made with respect to respondent nos. 3 and 4 of the certified copy of the decree under appeal, let notice be issued to the respondents in this interlocutory application for which the appellants must take steps by filing requisites both under registered cover as well as ordinary process within two weeks, failing which the Interlocutory application shall stand rejected without further reference to the bench.
B.Roy/- (V. Nath, J)