Patna High Court - Orders
The State Of Bihar & Anr vs Bhagwan Singh on 14 February, 2012
Bench: Chief Justice, Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 701 of 2011
In
Civil Writ Jurisdiction Case No. 7228 of 2005
With
Interlocutory Application No. 3145 of 2011
Interlocutory Application No. 8838 of 2011
Interlocutory Application No. 1107 of 2012
And
Interlocutory Application No. 1108 of 2012
In
Letters Patent Appeal No. 701 of 2011.
======================================================
The State of Bihar & Anr.
.... .... Appellant/s
Versus
Mithilesh Kumar and Nityanand Kumar
.... .... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Chakradhari Saran Singh, AAG 6 and
Mr. R.S.Singh, AC to AAG 6.
For the Respondents : Mr. Arvind Prasad Singh, Advocate.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 14-02-2012Re. Interlocutory Application No. 1108 of 2012.
The delay of 88 days occurred in filing the substitution application is condoned.
Interlocutory Application stands disposed of. Re. Interlocutory Application No. 1107 of 2012. This application is filed by the appellant State of Bihar under Order XXII Rule 4 of the Code of Civil Procedure for substituting the respondent (since deceased) by his heirs and legal representatives.
The application is allowed. The deceased respondent be substituted by the heirs and legal representatives named in 2 Patna High Court LPA No.701 of 2011 (9) dt.14-02-2012 2/2 paragraph 6 of the application.
Necessary corrections in the cause title will be made within one week from today.
Interlocutory Application stands disposed of. Re. Interlocutory Application No. 8838 of 2011. In view of the order made today on Interlocutory Application No. 1107 of 2012, this application does not survive.
The application is accordingly disposed of. Re. Interlocutory Application No. 3145 of 2012. The delay of 240 days occurred in filing the Letters Patent Appeal is condoned on condition that the appellant State of Bihar will, within four weeks from today, pay costs of Rs. 250/- (Two hundred fifty) to each of the respondents.
Interlocutory Application stands disposed of in the above terms.
Re. Letters Patent No. 701 of 2011.
Notify for admission.
(R.M. Doshit, CJ) (Birendra Prasad Verma, J) Dilip.