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2025 Supreme(Online)(Pat) 3555
PATNA HIGH COURT
NAWNEET KUMAR PANDEY, J
Ali Hassan Gaddi alias Ali Hassan Mian – Appellant
Versus
Hamid Gaddi – Respondent
Miscellaneous Jurisdiction Case No.2465 of 2025 | FIRST APPEAL No.6 of 1984
For the Appellants/Petitioners: Mr. Gaurav Prakash
For the Respondents: Mr. Sanjeev Kumar
The court established that legal representatives of deceased parties can be substituted to ensure continuity of the appeal.
Headnote:Statute Analysis: The interlocutory application pertains to substitution of parties. Facts of the Case: The deceased parties' heirs have been identified in the application.
Findings of Court:
The court allowed the substitution, directing the legal representatives to be included.
Issues: The main question pertains to the substitution of deceased respondents.
Ratio Decidendi: The legal heirs' inclusion is vital for the continuation of the case.
Result: The interlocutory application is allowed.
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER
8 12-12-2025 Re:- I.A. No. 02 of 2025 The present interlocutory application has been filed for substitution of opposite party Nos. 7 and 13, namely Mostt. Rabusami and Ismail Gaddi, who have passed away. Their heirs and legal representatives have been described in paragraphs 3 and 4 of the application.
2. The interlocutory application is allowed Accordingly, the name of opposite party No. 7 be deleted from the array of respondents. The legal representatives of opposite party no. 7 are already on record.
3. The name of respondent No. 13 is directed to be substituted with his/her legal heirs and representatives, as described in paragraph 4 of the interlocutory application.
4. Let the notice be issued to the newly added heirs and legal representatives of opposite party No. 13 for which, requisites etc under registered cover as well as under ordinary process must be filed within a period of two weeks.
5. List this matter after eight weeks.
(Nawneet Kumar Pandey, J)
