Patna High Court - Orders
Shail Kumari & Ors vs Hari Pd. Agrawal & Ors on 9 May, 2013
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2383 of 2011
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Shail @ Shail Kumari Agarwal
.... .... Petitioner/s
Versus
Hari Pd. Agrawal & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
8 09-05-2013Learned counsel for the petitioner is present.
Perused the marginal note(s) and also the order dated 23.04.2013.
Learned counsel draws attention of the Court to the supplementary affidavit filed on 3.5.13 on behalf of the petitioner. Relying on averments made in paragraph nos. 3 and 4 states that service of notice on opposite party nos. 2 to 4 and 12 to 55 be treated as valid. It appears from paragraph 4 thereof that dasti summon could not be served on opposite party nos. 5, 6, 56, 57 and 58. Learned counsel draws attention of the Court to the party position as amended by order dated 8.2.12. It appears from Interlocutory Application being I.A. No. 731 of 2012 which was allowed by order dated 08.02.2012 that opposite party no.1 ( Hari Prasad Agrawal) and opposite party no.5 are one and the same person.
Patna High Court MJC No.2383 of 2011 (8) dt.09-05-2013Page 2 /2
In that view of the matter, as prayed, the name of Hari Prasad Agrawal appearing at Sl. No. 5 of the opposite parties stand deleted.
Let steps for fresh service of notice on opposite party nos. 6, 56, 57 and 58 be taken under ordinary process as well as registered cover with A/D for which requisites etc. must be filed on or before 18th of June, 2013, failing which the application as against the said opposite parties shall stand rejected without further reference to a Bench.
(Kishore Kumar Mandal, J) Shyam/-