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2023 Supreme(Pat) 289

KHATIM REZA
Sheo Tahal Tanti – Appellant
Versus
Bikas Kumar Keshari – Respondent


Advocates:
For the Appellants : Mr. Bharat Lal.
For the Respondents: Mr. A.B. Mathur.

ORDER

Re:-I.A. No. 02 of 2020

This interlocutory application has been filed under Order XXII Rule-3, 4, 9 and 10(a) & Section 151 of the Code of Civil Procedure on 27.02.2020 for substituting the name of the heirs of deceased-appellants and deceased-respondents whose details are given in this application and also for setting aside the abatement and condonation of delay in filing the setting aside abatement by filing I.A. No. 03 of 2020, which has been filed under Section 5 of the Limitation Act.

2. It is submitted that Appellant No. 1g, namely, Most. Makhia Devi died in the year, 2001 leaving behind her three sons namely, Sheo Tahal Tanti, Baldeo Tanti and Ganesh Tanti and three daughters, namely, Rampari Devi, Maina Devi and Chinma Devi. The heirs of deceased-appellant no. 1g are already on the record as appellant No. 1a, 1b, 1c, 1d, 1e and 1f respectively and, therefore, her name may be deleted from the memo of appeal.

3. It is further stated that Appellant No. 2, namely, Most. Rohani Devi also died in the year, 2001, leaving behind her three sons, namely, Bharosi Tanti, Ramdhani Tanti and Brahmdeo Tanti, who are already on record as appellant Nos. 3, 4 and 5 and, therefore, her name

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