Patna High Court - Orders
Dinesh Bihari Sharan vs Ashok Bihari Sharan on 6 April, 2018
Author: Jitendra Mohan Sharma
Bench: Jitendra Mohan Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Test Suit No.3 of 2009
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ASHOK BIHARI SHARAN
... ... Petitioner/s
Versus
MADAN MOHAN SHARAN & ANR.
... ... Respondent/s
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with
Test Suit No. 1 of 2013
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Dinesh Bihari Sharan
... ... Petitioner/s
Versus
Ashok Bihari Sharan
... ... Respondent/s
======================================================
Appearance :
(In Test Suit No. 3 of 2009)
For the Petitioner/s : Mr. Dhirendra Narain Mallik
For the Respondent/s : Mr. R K P Singh
(In Test Suit No. 1 of 2013)
For the Petitioner/s : Mr. Sudhir Kumar Singh
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER
52 06-04-2018In Test Suit No. 03 0f 2009, fresh special citation was issued to proposed heir no. 6 of the deceased defendant no.5 under both modes in compliance of order no. 51, dated 06.10.2017.
Neither A/D nor returned cover of special citation received as yet, the process server has reported that special citation was wrongly sent to Mumbai in place of Thane hence, service of special citation upon heir no.6 of deceased defendant Patna High Court TEST SUIT No.3 of 2009(52) dt.06-04-2018 2/3 no.5 is invalid.
The plaintiff has filed affidavit of jointness of heir no.5 with her husband and further process server has reported that notice received by heir no.5 herself.
Under the circumstances, special citation upon heir no.5 is held as validly served. The process server has further reported that heir nos. 1 to 4 live at different places out side Patna.
The learned counsel for the plaintiff submits that process server has submitted collusive report and he wants to take fresh steps for issuance of special citation at that address itself.
Under the circumstances, the palatine is directed to take fresh steps for issuance of special citation to proposed heirs no. 1 to 4 and 6 under both modes at their present and correct address within six weeks.
Put up this case after six weeks.
Title Suit No. 01 of 2013 I.A. No. 2346 of 2011 has been filed by plaintiff for trial of this suit first. Caveat/objection filed by near relative no.8. The caveat/objection filed is accepted and near relative no.8 is directed to be added as defendant no.2 in this suit. Both Patna High Court TEST SUIT No.3 of 2009(52) dt.06-04-2018 3/3 sides have not filed proposed issues as yet.
I.A. No. 3078 of 2017 has been filed by plaintiff for substitution of near relative no.6 by her six proposed heirs. I.A. No. 5347 of 2017 has been filed for condoning the delay. In compliance of order dated 06.10.2017 special citation was issued to said proposed heirs under both modes. The postal peon has reported that proposed heirs no.1 and 2 have refused to receive the special citation personally and proposed heirs no.3 to 6 refused to receive. The process server has reported that proposed heir no.1 received the special citation personally. Special citation to proposed heir no.2 has wrongly been sent to Mumbai. Heir no. 3 to 6 lives outside Patna at different places.
Under the circumstances, the plaintiff is directed to take fresh steps for issuance of special citation to proposed heirs no. 2 to 6 under both modes at their present and correct address within six weeks. Service of special citation upon heir no.1 is held as validly served.
(Jitendra Mohan Sharma, J.) Rajiv/-
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