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Patna High Court - Orders

Smt.Radha Devi vs Dip Narayan Mandal & Ors on 15 February, 2018

Author: Chakradhari Sharan Singh

Bench: Chakradhari Sharan Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Second Appeal No.43 of 2007
                 ======================================================
                 SMT.RADHA DEVI

                                                                        ... ... Appellant/s
                                         Versus
                 DIP NARAYAN MANDAL & ORS

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Rajeev Kumar Sinha
                 For the Respondent/s   :      Mr. Shakti Suman Kumar
                                               Mr. Atul Shankar

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                                       ORAL ORDER

8   15-02-2018

I.A.No. 3113 of 2017 has been filed for substitution of the proposed heirs of the deceased sole appellant who is said to have died on 02.01.2008. There is also a prayer for condonation of delay in filing the substitution petition and setting aside abatement, if any.

Learned counsel appearing on behalf of the respondents does not have any objection to such prayer.

I.A.No. 3113 of 2017 is accordingly allowed. Let names of legal heirs/representatives of the sole appellant, as described in paragraph 1 of the said application, be substituted after expunging the name of appellant no.1 from the cause title of the appeal.

The heirs of the appellant proposed to be substituted have already entered appearance by filing Vakalatnama. Abatement, if Patna High Court SA No.43 of 2007(8) dt.15-02-2018 2/2 any, stands set aside.

(Chakradhari Sharan Singh, J) HR/-

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