IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.327 of 2021 ======================================================

Haridwari Singh & Ors.

... ... Appellant/s Versus Ganga Prasad Singh & Ors.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Manoj Kumar, Advocate For the Respondent/s : Mr.Arghesh Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

23 19-02-2026 Re: I.A. No. 6 of 2024 This interlocutory application has been filed under Order I Rule 10(2) read with Order XXII Rule 4 of the Code of Civil Procedure by respondent nos. 2, 7 and 8 along with the proposed respondent, informing the Court about the death of respondent no. 1, who died on 23.10.2024, leaving behind his widow and son as his heirs and legal representatives.

2. It is submitted that the son of the deceased respondent no. 1 is already on record as respondent no. 7. Therefore, only the name of the widow, namely Jyoti Devi, is required to be added/ substituted in the present appeal. It is further submitted that a duly executed ‘Vakalatnama’ on behalf of Jyoti Devi has already been filed along with the interlocutory application and her details have been mentioned in paragraph 1 thereof.

3. Since one of the heirs and legal representatives of the deceased respondent no. 1 is already on record, there is no question of abatement of the appeal against respondent no. 1.

4. In view of the aforesaid facts and averments made in the interlocutory application, the prayer made therein is allowed.

5. Office is directed to delete the name of respondent no. 1 from the cause title of the memo of appeal and substitute his heirs in his place whose details are mentioned in paragraph

1 of the application.

Re: I.A. No. 5 of 2024

6. This application has been filed under Order XXII Rule 10A of the Code of Civil Procedure by respondent nos. 1, 2, 7 and 8 informing the Court about the death of appellant no. 1, namely Haridwari Singh, who died on 18.03.2024, leaving behind his heirs and legal representatives.

7. It is submitted that despite having knowledge of the death of appellant no. 1, no application for substitution of his heirs and legal representatives has been filed by the appellants.

8. Learned counsel for the appellants prays for two weeks’ time to file an appropriate substitution petition with respect to deceased appellant no. 1 along with duly executed ‘Vakalatnama’ on behalf of his legal heirs.

9. As prayed for, list this case on 12.03.2026.

(Khatim Reza, J)

shyambihari/-

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