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2025 Supreme(Online)(Pat) 4363

PATNA HIGH COURT
RAMESH CHAND MALVIYA, J
Sushil Choudhary and Ors – Appellant
Versus
Seikh Sajjad and Ors – Respondent
FIRST APPEAL No.105 of 2012

Advocates:
For the Appellant/s: Mr.Dr. Manoj Kumar, Adv
For the Respondent/s: Mr.

The court allowed the application to condone delay in filing substitution due to the appellant's lack of knowledge regarding the deceased's death.

Headnote:In the context of the first appeal, the court dealt with an interlocutory application for condonation of delay in filing a substitution petition after the death of Respondent No. 1. The court highlighted that the appellants were unaware of the respondent's death due to residence in a different location, justifying the delay and allowing the application. The court further ordered the addition of the legal heirs of the deceased respondent for proper adjudication, emphasizing the need for judicial processes to be inclusive and accurately representative of all parties. The matter is scheduled for future listing.

Table of Content
1. substitution of legal representatives for proper case adjudication. (Para 4 , 5 , 6)
2. scheduling future hearings for the amended parties. (Para 7)

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

11 15-12-2025 I.A. No. 03 of 2025.

The present interlocutory application has been filed for condoning the delay of 322 days in filing the substitution petition of Respondent No. 1 namely Seikh Sajjad who died on

19.04.2024 due to his illness.

Respondent No. 1 resides at different place at Bombay hence the appellants could not get the informant regarding the death of Respondent No. 1. Appellants got the knowledge of death of Respondent No.1 Seikh Sajjad on 08.05.2025 when one of the co-villagers informed him regarding his death on 19.04.2024 due to his illness at Bomaby.

3. Considering the submissions made on behalf of the learned counsel for the petitioner, I.A. No. 03 of 2025 stands allowed.

I.A No. 04 of 2025

4. The present interlocutory application has been filed for substitution of heirs/legal representative of Respondent No. 1 namely Seikh Sajjad who died on 19.04.2024 leaving behind heirs and legal representative who names has been mentioned in paragraph no. 2 of the interlocutory application.

5. Learned counsel for the petitioner submits that respondent was residing at different place hence he could not get the information regarding the death of respondent No. 1, therefore, for proper adjudication of this case, heirs and legal representative of Respondent No. 1 be added in cause title of the petition.

6. Considering the submission made on behalf of allowed. Office to do the needful.

7. Issue notice to newly added respondent/s by both modes (ordinary process as well as speed post with A/D) for which requisites etc. must be filed within four weeks.

8. List this case on 09.02.2026.

(Ramesh Chand Malviya, J)

Sunnykr/-

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2025 Supreme(Online)(Pat) 4363

PATNA HIGH COURTRAMESH CHAND MALVIYA, JSushil Choudhary and Ors – AppellantVersusSeikh Sajjad and Ors – RespondentFIRST APPEAL No.105 of 2012

The court allowed the application to condone delay in filing substitution due to the appellant's lack of knowledge regarding the deceased's death.

PATNA HIGH COURT
RAMESH CHAND MALVIYA, J
Sushil Choudhary and Ors – Appellant
Versus
Seikh Sajjad and Ors – Respondent
FIRST APPEAL No.105 of 2012