Patna High Court - Orders
Bimalendu Biswas & Ors. vs Most. Anand Moyee Devi @ Moitryee Biswas ... on 1 September, 2014
Author: Mungeshwar Sahoo
Bench: Mungeshwar Sahoo
Patna High Court FA No.42 of 2013 (10) dt.01-09-2014
1
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.42 of 2013
======================================================
Bimalendu Biswas & Ors.
.... .... Appellant/s
Versus
Most. Anand Moyee Devi @ Moitrayee Biswas & Ors.
.... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
10 01-09-2014Heard the learned counsel, Mr. Manoj Kumar Sinha for the appellants, the learned counsel, Mr. Abinash Kumar for the respondent no.3, the learned counsel, Mr. S. Azim for the appellant no.16, learned counsel, Mr. Dev Kumar Pandey for the respondent no.15 and the learned counsel, Mr. Basant Kumar Mishra for the respondent no.18 on I.A. Nos.4266 of 2014.
This I.A. has been filed by the appellant nos.1, 4, 11 and 12 for dismissing the appeal on their behalf. It appears that after filing of this application, the appellant no.1 died, therefore, a substitution application has been filed being I.A. No.5217 of 2014 mentioning the details of the legal representatives of the deceased appellant no.1.
Since the appellant no.16 is objecting the application itself, the appellant nos.4, 11 and 12 and the legal representatives who are sought to be substituted in place of the appellant no.1 are Patna High Court FA No.42 of 2013 (10) dt.01-09-2014 2 transposed as respondents in this memo of appeal.
So far substitution application is concerned, it is submitted that appellant no.1 died on 02.07.2014 and the substitution application is within time. Accordingly, the application is allowed and the legal representatives of the deceased appellant no.1 are substituted in place of him and they are also transposed as respondents in this appeal.
So far maintainability of the appeal is concerned, that will be considered at the time of final hearing of the appeal as there are so many appellants and the application has been filed by the aforesaid four appellants only, therefore, at their instance, appeal, at this stage cannot be dismissed. However, the aforesaid appellants are transposed as respondents and since they have already appeared through the learned counsel, Mr. Manoj Kumar Sinha, no further notice be issued on them.
Accordingly, both the I.As. are hereby disposed of.
(Mungeshwar Sahoo, J) Saurabh/-
U