Patna High Court - Orders
Smt. Janak Devi & Ors vs Sarjug Singh & Ors on 22 January, 2014
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.463 of 1979
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Smt. Janak Devi & Ors
.... .... Appellant/s
Versus
Sarjug Singh & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. S.K.Singh -3
Mr. Ram Padarath Pd.Singh
Mr. Pramod Kumar Singh
Mr. Banwari Sharma
For the Respondent/s : Mr. Shivajee Pandey
Mr. Awadhesh Pd. Sinha
Mr. Nawal Kishore Sharma
Mr. Ashok Kr. Sinha-4
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
81 22-01-2014From perusal of the office notices dated 20.1.2014, it appears that order No.80 dated 13.9.2013 passed by the learned Lawazima Board has not been carried out by learned counsel appearing on behalf of the appellants, as an appropriate petition for declaring minor appellant No. 9 and some other minor respondents as major has not been filed till date.
Learned counsel appearing on behalf of the appellants submits that this appeal was filed in the year 1979 showing the appellant No.9 to be minor under the guardianship of his natural father Ram Udai Singh (appellant No. 5). He further 2 Patna High Court FA No.463 of 1979 (81) dt.22-01-2014 2/3 submits that in the memo of appeal respondent Nos. 5 to 7, 16,24 to 27,34,35,45,47,48 and 52 to 56 all were shown as minors under the guardianship of their respective guardians as indicated in the memo of appeal. He submits that this Court may take judicial notice of the fact that in view of passage of time, aforesaid appellant No.9 and all the aforesaid minor respondents have become major, as about 35 years have already elapsed since the date of filing of the present appeal.
Though, the names of learned counsels appearing on behalf of the respondents are printed in the daily cause list, but none has appeared on their behalf to oppose the submissions/prayers made on behalf of the appellants.
In the aforesaid facts and circumstances, this Court takes judicial notice of the fact that in view of passage of time and pendency of the present appeal for about 35 years, the minor appellant No.9 and minor respondent Nos. 5 to 7, 16, 24 to 27,34,35,45,47,48 and 52 to 56 all have become major. All of them are declared as such. Their guardians are also discharged.
Learned counsel appearing on behalf of the appellants undertakes to file a fresh Vakalatnama on behalf of appellant No.9 within a period of three weeks.
Learned counsel appearing on behalf of the appellants prays for and is granted three weeks' time for filing requisites etc. for issuance of appeal notice upon the respondent Nos. 5 to 7, 16,24 to 27,34,35,45,47,48 and 52 to 56, both by ordinary process as also by registered post with A/D, at their present and correct address, failing which this appeal, as against those respondent, shall stand rejected without further reference to a Bench.
3 Patna High Court FA No.463 of 1979 (81) dt.22-01-2014 3/3It is clarified that if the present order is not complied with within the time frame, then the office shall list this matter under the same heading with appropriate office notes, without any unnecessary delay.
(Birendra Prasad Verma, J) Kanth/-