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Patna High CourtCWJC/1317/2014dismissed

Navin Goswami @ Navin Kumar Goshwami v. Pramila Tibrewal

2015-12-09Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1317 of 2014 ====================================================== Navin Goswami @ Navin Kumar Goshwami .... .... Petitioner/s

Versus

Pramila Tibrewal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner and learned counsel for the plaintiff- respondent.

By the impugned order dated 13.09.2013 passed by learned Munsif, Lakhisarai in Title Eviction Suit No. 4 of 2011 whereby the court below has allowed the application for substituting of legal representatives of the deceased defendant no.1.

The only grievance of the tenant- petitioner is that there was no limitation application but the court below has allowed the substitution application although the substitution application was filed after 18 months.

In my opinion, therefore, by the impugned order allowing the substitution application, the petitioner-tenant is not prejudiced nor any failure of justice has arisen. In view of the above facts, I do not find any reason to

Patna High Court CWJC No.1317 of 2014 (2) dt.09-12-2015 2/2 interfere with the impugned order.

Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) singh/- U