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2022 Supreme(Jhk) 967

ANIL KUMAR CHOUDHARY
Muneshwar Prasad – Appellant
Versus
Muneshwari Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arbind Kr. Sinha.
For the Respondent: Niraj Kishore.

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 directe

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