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2025 Supreme(Online)(Pat) 2395

PATNA HIGH COURT
Alok Kumar Sinha, J
Ajay Paswan and Ors – Appellant
Versus
The State Of Bihar and Ors – Respondent
Civil Writ Jurisdiction Case No.3067 of 2017



Advocates:
For the Appellants/Petitioners: Mr. Sunil Kumar Singh
For the Respondents: Mr. Subhash Chandra Mishra, Mr. Rana Vikram Singh, Mrs. Rasika, Mr. Pankaj Kumar Singh

The court affirmed the procedural allowance for substituting a party in case of death during the litigation process.

Headnote:The judgment pertains to an interlocutory application filed for substituting a deceased petitioner. The parties agreed to the substitution of legal heirs for the petitioner who had passed away during the case. The court allowed the substitution and directed necessary corrections in the cause title, with a hearing scheduled for a future date. The court's determination underscored procedural updates in the appeal process, specifically addressing substitutions due to the death of a party. The final order states the substitution and further proceedings.

Table of Content
1. court's procedural direction (Para 4 , 5 , 6)

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

11 01-12-2025 Re.:- I.A. No. 04 of 2025 Heard the parties.

2. This Interlocutory Application has been filed for substituting the name of petitioner no. 4 who is said to have died on 04.09.2025 during the pendency of the case. The details of the legal heirs of the petitioner no. 4 has been stated in paragraph-6 of the application.

3. Learned counsel appearing for the Respondent-

Patliputra University, learned counsel for the Respondent-State and learned counsel for the Respondent-Magadh University do not have any objection to the prayer being made by learned counsel for the petitioners.

4. For the reasons as stated in the application and the affidavit, this Interlocutory Application is allowed and the name of petitioner no. 4 is directed to be deleted/expunged and in his place the names of the legal heirs of petitioner no. 4 whose details has been given in paragraph-6 is directed to be substituted.

5. Office is directed to make the necessary correction in the Cause Title.

6. Put up this case on 22.12.2025. In the meantime, learned counsel appearing for Respondent-Patliputra University is directed to file its counter-affidavit. If no counter-affidavit is filed by the next date then the case will proceed on the basis of materials available on record.

(Alok Kumar Sinha, J)

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