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2026 Supreme(Online)(Pat) 3184

PATNA HIGH COURT
KHATIM REZA, J
Bibi Rehana & Ors. – Appellant
Versus
Md. Sahabuddin And Ors – Respondent


Advocates:
For the Appellant/s: Mr. Rajive Ranjan Singh
For the Respondent/s: Mr.Ambrish Kumar Jha

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

30 19-01-2026 Re: I.A. No. 03 of 2024, I.A. No. 04 of 2024 & I.A.

No. 05 of 2025 I.A. No. 03 of 2024 This interlocutory application filed on behalf of the appellants under Order XXII Rule 4 of the CPC for substituting the name of Respondent No. 1, namely Md. Sahabuddin, who died on 05.12.2023 leaving behind his heirs and legal representatives, whose details are set out in paragraph 1 of the interlocutory application.

I.A. No. 05 of 2025

2. This application has been filed under Order XXII Rule 9 of the CPC for setting aside abatement against Respondent No. 1.

I.A. No. 04 of 2024

3. This application has been filed under Section 5 of the Limitation Act for condoning the delay in filing the application for setting aside abatement against Respondent No.

1.

4. Further, a supplementary affidavit has been filed in continuation of I.A. No. 03 of 2024 regarding the correct names of the heirs of the deceased Respondent No. 1. The correct names of the heirs are mentioned in paragraph 4 of the supplementary affidavit filed on 02.12.2025.

5. Learned counsel for the heirs of the deceased Respondent No. 1 appears through their counsel, but has not fi

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