Patna High CourtMJC/1720/2016allowed

Nepali Bhagat @ Keshab Chandra Bhagat @ Kashab Chand Bhagat v. Rameshwar Ram And ORS

2022-08-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1720 of 2016 ====================================================== Nepali Bhagat @ Keshab Chandra Bhagat @ Kashab Chand Bhagat ... ... Petitioner/s

Versus

Rameshwar Ram and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-08-2022 I.A. No. 3552 of 2016 This Interlocutory Application is being filed for condonation of delay in filing the restoration of Second Appeal No. 230 of 1994 which stood dismissed for non-prosecution vide order dated 01.04.2009.

For the reason mentioned in this Interlocutory Application, it is allowed. Delay in filing the restoration of Second Appeal No. 230 of 1994 is condoned.

I.A. No. 9606 of 2018 This Interlocutory Application has been filed for substitution of heirs and legal representatives of opposite party no. 2- Salo @ Saliya Devi, opposite party no. 20- Choriya Devi and opposite party no. 24- Genia Devi, who died during the pendency of the M.J.C. No. 1720 of 2016.

Patna High Court MJC No.1720 of 2016(6) dt.12-08-2022 2/2 For the reason mentioned in this Interlocutory Application it is allowed.

It is stated in this Interlocutory Application that opposite party no. 20 (Choriya Devi) died issueless on 28.10.2016 and the opposite party no. 24 (Genia Devi) died issueless on 08.12.2016.

Let the name of the heirs and legal representatives of opposite party no. 2 (Salo Devi@ Saliya Devi) be substituted as mentioned in paragraph 5 of this Interlocutory Application and the names of the opposite party nos. 2, 20 and 24 be expunged from the array of the opposite parties. Re:- M.J.C. No:- 1720 of 2016 Heard the parties.

This application has been filed for restoration of Second Appeal No. 230 of 1994, which was dismissed for nonprosecution vide order dated 01.04.2009. For the reasons mentioned in this application, it is allowed and Second Appeal No. 230 of 1994 is restored to its original file.

(Sandeep Kumar, J) Shishir/- U