Ramji Gahlot And ORS v. Amod Kumar Paswan And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.728 of 2016 ====================================================== Ramji Gahlot & Ors .... .... Appellant/s

Versus

Amod Kumar Paswan & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Awadhesh Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 12-08-2016 Heard the learned counsel, Mr. Awadhesh Kumar Singh, for the petitioner.

Perused the impugned order dated 24.06.2016 passed by Addl. District Judge-VI, Aurangabad in Title Appeal No.23 of 2016 whereby the learned Court below rejected the substitution application on the ground that the defendant No.2-respondent No.2, Indredeo Dushadh did not appear in the trial Court.

In view of the above finding of the learned lower appellate Court that the defendant No.2-respondent No.2 neither appeared nor contested the suit and the suit has been decided ex.-parte against him, the appellate Court has got the jurisdiction to pass the order under Order 22 Rule 4 Sub Rule 4 CPC. Therefore, the learned Court below has rightly rejected the application for substitution application. The petitioners are exempted from substituting the legal representatives.

Accordingly, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U