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2025 Supreme(Online)(Pat) 2966

PATNA HIGH COURT
ASHOK KUMAR PANDEY, J
Bijoy Kumar and Ors. – Appellant
Versus
Jamuna Prasad Shah and Ors. – Respondent
FIRST APPEAL No.473 of 1991



Advocates:
For the Appellants/Petitioners: Mr. R.C. Sinha
For the Respondents: Mr. Prasoon Sinha

The court allowed substitution of legal heirs in appeals, ensuring compliance with procedural requirements.

Headnote:The court analyzed I.A. No. 2824 of 2016 concerning the death of appellant No.1, Bijoy Kumar, and allowed substitution of legal heirs, concluding there was no delay in filing. The respondent’s counsel raised no objections to the applications. The court allowed I.A. No. 1730 and I.A. No. 11 of 2024 concerning further substitutions, ensuring all legal procedures were followed. The final order directs the issuance of notice to substituted respondents and sets a future date for hearing.

Table of Content
1. court orders and procedural compliance for future hearing. (Para 6 , 8 , 9 , 15 , 16)

For the Appellant/s : Mr. R.C. Sinha, Advocate For the Respondent/s : Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

58 01-12-2025 I.A. No. 2824 of 2016 I.A. No. 2824 of 2016 has been pressed.

2. It has been submitted that appellant No.1 Bijoy Kumar died on 10.01.2016 leaving behind his legal heirs as detailed in the I.A.

3. It has been submitted by the learned counsel for the appellants that in M.J.C. No. 950 of 2015 vide I.A. No. 2 of 2021, the appellant was substituted, as such, there is no delay in filing this I.A.

4. Learned counsel for the respondents has got no objection to this I.A.

5. In result, I.A. No. 2824 of 2016 stands allowed.

I.A. No. 1730 of 2018

6. I.A. No. 1730 of 2018 is filed with the same prayer as in I.A. No. 2824 of 2016.

7. In result, I.A. No. 1730 of 2018 stands allowed.

I.A. No. 11 of 2024

8. I.A. No. 11 of 2024 has been pressed.

9. It has been submitted that respondent no. 3, namely, Ram Baboo died on 24.02.2024 leaving behind his two sons and wife.

10. Learned counsel for the appellants has submitted that the sons are already on record. Only the name of wife has to be substituted.

11. This I.A. has been filed within time and as the legal heirs are already on record, no question of substitution arises.

12. There is no objection to this I.A. by the learned counsel for the respondents.

13. In result, I.A. No. 11 of 2024 stands allowed.

14. Office is directed to proceed accordingly in respect of the above interlocutory applications.

15. The learned counsel for the appellants is directed to take steps for issuing notice against substituted respondents by both the processes under ordinary process as well as registered cover with A/D within four weeks.

16. Put up this case on 12.01.2026 under appropriate heading.

(Ashok Kumar Pandey, J)

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