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2025 Supreme(Online)(Pat) 5582
PATNA HIGH COURT
Shailendra Singh, J
Mostt Janki Devi & Ors. – Appellant
Versus
Ganesh Singh & Ors. – Respondent
FIRST APPEAL No.213 of 1974
For the Appellants/Petitioners: Mr. Ravi Ranjan, Adv.
For the Respondents: Mr. Ramanuj Pd.Singh, Adv.
Substitution of legal heirs is permissible in pending appeals, provided procedural requirements are met.
Headnote:The judgment addressed petitions for substitution of legal heirs in an appeal pending before the court. The court considered the required submissions for the substitution of deceased parties, allowing the applications based on procedural compliance. The primary issue was the timely substitution of legal heirs in adherence to judicial protocol. The court ruled favorably on the interlocutory applications presented by the appellants.
| Table of Content |
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| 1. approval of substitution applications under judicial compliance (Para 5 , 6 , 8 , 9 , 11) |
| 2. final allowance of interlocutory applications (Para 12) |
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
114 02-12-2025 Re : I.A. No. 10/2014 (2657 of 2014) & I.A. No.
11/2014 (4715 of 2014)
These interlocutory applications have been filed within the prescribed time limit, on behalf of the appellants for substituting the legal heirs of the deceased respondent No. 12, namely, Jagan Singh @ Jagat Narayan Singh & deceased respondent No. 3, namely, Ramdeo Singh; whose legal heirs’ details have been given in paragraph No. 2 of the respective interlocutory applications.
2. Considering the submission and prayer made by the appellants’ counsel, let the names of the deceased respondent No. 12, namely, Jagan Singh @ Jagat Narayan Singh, & deceased respondent No. 3, namely, Ramdeo Singh, be expunged from the memo of appeal and the names of their respective legal heirs, as detailed in the paragraph No. 2 of their respective I.A.s, be substituted in their place.
3. Let appeal notices through speed post as well as ordinary process be sent to the substituted legal heirs of the deceased respondent Nos. 12 & 3, for which necessary requisites must be filed by the appellants’ counsel within three weeks from today.
4. In result, the I.A. No. 10/2014 (2657 of 2014) &
I.A. No. 11/2014 (4715 of 2014) stand allowed.
Re : I.A. No. 13 of 2018 (7787 of 2018)
5. This interlocutory application has been filed within the prescribed time limit, on behalf of the appellants for substituting the legal heirs of the deceased appellant No. 2, namely, Umanath Singh, whose legal heirs’ details have been given in paragraph No. 2 of the I.A.
6. Considering the submission and prayer made by appellants’ counsel, let the name of the deceased appellant No. 2, namely, Umanath Singh, be expunged from the memo of appeal and the names of his legal heirs, as detailed in the paragraph No. 2 of the I.A., be substituted in his place. 7. In result, the I.A. No. 13 of 2018 (7787 of 2018)
stands allowed.
Re : I.A. No. 16 of 2025
8. The instant interlocutory application has been filed on behalf of the appellants for extending the peremptory time granted vide order dated 13.11.2019 in the present appeal, from two weeks to the date of compliance of the aforesaid judicial order.
9. Considering the averments made in the paragraph Nos. 3 to 10 of the application, the peremptory time fixed by this Court vide order dated 13.11.2019 is hereby extended till the date of filing of the appeal notices upon the respondent Nos. 8(b), 8(c) & 5(i)(f) and the office is directed to send the appeal notices upon the said respondents.
10. In result, I.A. No. 16 of 2025 stands allowed I.A. No. 14 of 2025 and 15 of 2025
11. Let appeal notices as well as notices upon these applications through speed post as well as ordinary process be sent to the proposed respondents, the legal heirs of the deceased respondent No. 2, namely, Basudeo Singh & deceased respondent No. 7, namely, Pundar Singh, whose details have been given in paragraph Nos. 2 & 3 of the I.A. No. 15 of 2025, for which necessary requisites must be filed by the appellants’
counsel within three weeks from today.
F.A No. 213 of 1974
12. Put up the I.A. No. 14 of 2025 and I.A. No. 15 of
2025 after five weeks with the service report of the notices upon the newly substituted respondents as well as the proposed respondent Nos. 2 & 7. (Shailendra Singh, J)
annu/-
