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Patna High Court - Orders

Most Lalita Devi & Ors vs Most Mamta Devi & Ors. on 4 May, 2018

Author: Prakash Chandra Jaiswal

Bench: Prakash Chandra Jaiswal

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Miscellaneous Appeal No.831 of 2012
                   ======================================================
                   MOST LALITA DEVI & ORS
                                                                       .... .... Appellant/s
                                                   Versus
                   Most Mamta Devi & Ors.
                                                                      .... .... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s     : Mr.
                   For the Respondent/s    : Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                   JAISWAL
                   ORAL ORDER

12    04-05-2018

Seen the office note and record.

From perusal of the record, it appears that notice sent in the name of respondent no.9 has been received by his uncle Mukteshwar Lal and appellant no.1 has filed affidavit regarding jointness of respondent no.9 with his aforesaid uncle.

As the uncle does not happen to be family member of respondent no.9, hence service of notice upon respondent no.9 is not deemed valid.

Learned counsel for the appellants is directed to take fresh steps for issuance of notice upon respondent no.9 through both the processes i.e. ordinary process as well as registered cover with A/D, for which requisites must be filed within two weeks, failing which this appeal shall stand rejected against respondent no.9 without further reference to a Bench.

(Prakash Chandra Jaiswal, J) Mishra/-

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