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2022 DIGILAW 310 (JHR)

Muneshwar Prasad v. Muneshwari Devi

2022-03-20

ANIL KUMAR CHOUDHARY

body2022
ORDER : I.A. No. 5068 of 2018 1. Heard the parties. 2. Learned counsel for the appellants submits that this interlocutory application has been filed for substituting the legal representatives of the deceased respondent No. 3 namely- Biswanath Prasad who died on 28.04.2018 leaving behind his only six legal representatives whose names, parentage and addresses have been mentioned in Para-2 of the instant interlocutory application. 3. It is next submitted that the deceased respondent No. 3 namely-Biswanath Prasad died on 28.04.2018 and petition for substitution was filed on 18.06.2018, hence, the petition for substitution is within time and unless the legal representatives of the deceased respondent No. 3 namely-Biswanath Prasad are substituted in his place as Respondent No. 3 (a) to 3 (f), the appellants will be highly prejudiced. 4. Considering the aforesaid facts, the prayer for substitution of the legal representatives of the deceased respondent No. 3 namely-Biswanath Prasad who died on 28.04.2018 leaving behind his only six legal representatives whose names, parentage and addresses have been mentioned in Para-2 of the instant interlocutory application, is allowed. 5. Registry is directed to incorporate the names of six legal representatives of the deceased respondent No. 3 namely-Biswanath Prasad whose names, parentage and addresses have been mentioned in Para-2 of the instant interlocutory application as Respondent No. 3 (a) to 3 (f) and to mention the word ‘Dead’ against the name of the respondent No. 3 namely-Biswanath Prasad Singh with red ink in the cause title of the appeal memo. 6. This interlocutory application stand allowed. I.A. No. 3701 of 2019 1. Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to substitute the legal representatives of the deceased appellant No. 5- Smt. Mala Devi who died on 31.01.2019 leaving behind her only two legal representatives whose names, address and parentage has been mentioned in paragraph-02 of the instant interlocutory application. 2. It is next submitted that the appellant No. 5-Smt. Mala Devi died on 31.01.2019 and petition for substitution was filed on 15.04.2019, hence, the petition for substitution is within time and unless the legal representatives of the deceased appellant No. 5-Smt. Mala Devi are substituted in his place as Appellant No. 5 (a) to 5 (b), the appellants will be highly prejudiced. 3. 3. Considering the aforesaid facts, the prayer for substitution of the legal representatives of the deceased appellant No. 5-Smt. Mala Devi who died on 31.01.2019 leaving behind her only two legal representatives whose names, address and parentage has been mentioned in paragraph-02 of the instant interlocutory application, is allowed. 4. Registry is directed to incorporate the names of two legal representatives of the deceased appellant No. 5-Smt. Mala Devi whose names, parentage and addresses have been mentioned in Para-2 of the instant interlocutory application as Appellant No. 5 (a) to 5 (b) and to mention the word ‘Dead’ against the name of the appellant No. 5-Smt. Mala Devi with red ink in the cause title of the appeal memo. 5. This interlocutory application stand allowed. I.A. No. 92 of 2022 1. Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to delete the name of respondent No. 1 namely Muneshwari Devi from the cause-title of the appeal memo. 2. It is next submitted that the respondent No. 1 namely Muneshwari Devi died on 10.10.2021 leaving behind her legal representatives who have been substituted in her place vide order dated 20.06.2022 passed in I.A. No. 5068 of 2018 in this case. Hence, it is submitted that the name of the respondent No. 1 namely Muneshwari Devi be deleted from the causetitle of the appeal memo. 3. Considering the aforesaid facts, Registry is directed to mention the word ‘Dead’ against the name of the respondent No. 1 namely Muneshwari Devi with red ink in the cause title of the appeal memo. 4. This interlocutory application stand allowed. S.A. No. 114 of 2014 1. The appellants are directed to file requisites for service of notice upon the Respondent No. 3 (a) to 3 (f) by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed against the said respondents without further reference to the Bench. 2. Rule is made returnable within six weeks. 3. List this appeal after receipt of the service report of the notice upon the said respondents.