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PATNA HIGH COURT
KHATIM REZA, J
Dhirendra Kumar Singh – Appellant
Versus
Aruna Devi – Respondent
| Table of Content |
|---|
| 1. filing for substitution after death of an appellant requires timely application. (Para 1 , 2) |
| 2. delay due to pandemic may be considered for condoning. (Para 3 , 4) |
| 3. interlocutory applications regarding substitution are permitted under costs. (Para 5) |
| 4. next hearing date set for future proceedings. (Para 6) |
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
13 29-01-2026 Re: I.A. No. 3 of 2022 The instant interlocutory application, filed under Order XXII, Rules 3 and 9 of the CPC, has been filed on 26.07.2022 after serving a copy upon the learned counsel for the other side for substituting the names of the heirs of appellant no. 2, namely Ram Briksh Singh, who died on 10.07.2019, leaving behind his heirs and legal representatives, the details of whom are mentioned in paragraph 2 of the application; and a prayer has also been made for setting aside abatement against appellant no. 2.
Re: I.A. No. 4 of 2022
2. The instant interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay in filing the setting aside abatement against appellant no. 2.
3. Learned counsel for the appellants submitted that due to the COVID-19 pandemic,
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