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2008 Supreme(Pat) 429

S.N.HUSSAIN
Shri Shankar Bhagwan – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. I.A. No. 13 of 2008 has been filed by the petitioners for expunging the name of Opposite Party No. 6 Md. Tauhid from the record of this case as he had died on 5.3.2002 much before the filing of this civil revision. The said Opposite Party No. 6 was a defendant in Title Suit No. 44 of 1988, out of which this civil revision has arisen, but he had neither filed his written statement, nor was contesting the suit. In the said circumstances, the said interlocutory application is allowed. Let the name of Opposite Party No. 6 be expunged.

2. This civil revision has been filed by the plaintiffs challenging order dated 20.10.2006 by which the learned Subordinate Judge 9, Gopalganj, dismissed their petition for amendment of plaint in Title Suit No. 44 of 1998.

3. The aforesaid suit was filed by the petitioners for declaration that the suit properties described in Schedule I of the plaint belonged to Plaintiffs 1st and 2nd Parties under the Hindu Religious Trust and also that the defendants had no right to dispossess the plaintiffs from the suit land and for other ancillary reliefs. The said suit was contested by defendants no. 1, 3 and 6, out of whom defendant no. 3 has died, where















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