Arun Prasad And ANR v. Sri Lallu Prasad And ORS

Patna High Court CWJC No.10876 of 2015 (2) dt.27-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10876 of 2015 ====================================================== Arun Prasad & Anr .... .... Petitioner/s

Versus

Sri Lallu Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-04-2016 Heard the learned counsel, Mr. Mohit Kumar for the petitioners.

It appears that title suit No.9 of 1999 was filed by one Mohan Lal praying for setting aside the judgment and decree passed in earlier suit. The said Mohan Lal died in 2012. Thereafter, the heirs filed substitution application for being substituted after setting aside abatement.

By the impugned order dated 11.06.2015, the Court below has allowed this substitution application. In my opinion, therefore, when the Court below has only allowed the substitution application, it neither caused any prejudice to the petitioner nor it occasioned failure of justice and, therefore, this writ application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T