Back
PATNA HIGH COURT
S. B. Pd. Singh, J
Dinesh Mishra – Appellant
Versus
Abhishek Kumar Mishra – Respondent
| Table of Content |
|---|
| 1. challenge against order permitting substitution in a pending suit (Para 1 , 2 , 3) |
| 2. arguments regarding delay and knowledge of death (Para 4 , 5) |
| 3. court's rationale for allowing substitution despite delay (Para 6 , 7) |
| 4. uphold validity of trial court's order (Para 8) |
ORAL JUDGMENT
Date : 01-12-2025 The present Civil Miscellaneous has been filed for setting aside the order dated 18.07.2017 passed by learned Munsif, Bagaha, West Champaran in Title Suit No. 47 of 2007, whereby and whereunder the petition dated 15.06.2017 filed by the respondents for substitutions of the names of the applicants/respondent Nos. 1 and 2 in place of deceased Janardan Mishra have been illegally and arbitrarily allowed without considering the materials available on record.
2. Heard learned counsel for both the parties.
3. The Title Suit No. 47 of 2007 was filed for declaration of title over the suit properties. The above suit was filed by the plaintiff Janardan Mishra against the defendants/petitioners. During course of trial, said Janardan Mishra died on 18.02.2017. Subsequently, on 15.06.2017, after more than three months, a petition was filed on behalf of his grand-son on the basis of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
