Advocates:
['Dr Kamal Deo Sharma', '', 'Ashok Kumar', 'Shankar Kumar', 'Rakesh Ambastha', 'Rajeev Kumar Sinha']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2542 of 2011

In

FIRST APPEAL No.212 of 1982

======================================================

1.

Panna Lal Sah, son of Kesho Lal Sah, resident of Village-Jaso, P.S.- Buxar,

Distt.- Buxar

2.

Dulhin Pabitri Devi wife of Panna Lal Sah, resident of Village-Jaso, P.S.-

Buxar, Distt.- Bhojpur at Present Buxar

3.

Raj Kumari, minor daughter of Panna Lal Sah under the guardianship of

Panna Lal Sah, father and well wisher

4.

Shail Kumari, minor daughter of Panna Lal Sah, under the guardianship of

Panna Lal Sah, fahter and well wisher

5.

Sukarbaro, minor daughter of Panna Lal Sah, under the guardianship of

Panna Lal Sah, fahter and well wisher

6.

Runni, minor daughter of Panna Lal Sah, under the guardianship of Panna

Lal Sah, fahter and well wisher

... ... Petitioner/s

Versus

1.

Jiut Sah son of Keso Lal Sah, resident of Village- Jaso, P.S.- Buxar, Distt.

Bhojpur at Present Buxar.

2.

Bihari Sah son of Keso Lal Sah, resident of Vill.-Jaso, P.S.- Buxar, Distt.-

Buxar

3.

Bharat Sah, son of Keso Lal Sah, resident of Vill.-Jaso, P.S.- Buxar, Distt.-

Buxar

4.

Keso Lal Sah, son of Late Puranbari Sah, resident of Vill.-Jaso, P.S.- Buxar,

Distt.- Bhojpur at Present Buxar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Dr. Kamal Deo Sharma

For the Opposite Party/s :

Mr.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

ORAL ORDER

4

21-05-2021

The matter has been heard via video

conferencing.

Re:- I.A. No. 5156 of 2018

The present Interlocutory Application has been

Patna High Court MJC No.2542 of 2011(4) dt.21-05-2021

2/3

filed for substitution of the heirs and legal

representatives of the deceased opposite party No. 1

namely Jiut Sah and expunging the name of the

deceased opposite party No. 4 namely Kesho Sah after

condoning the delay, if any, in filing of the substitution

petition.

For the reasons stated in the Interlocutory

Application, the names of the deceased opposite party

No. 1 namely Jiut Sah and opposite party No. 4 namely

Kesho Sah are expunged from the array of parties and

the names of the heirs and legal representatives of the

deceased opposite party No. 1 namely (i)Bhagwati Sah

(ii) Kanhaiya Sah (iii) Shiv Kumari (iv) Tetari Kumari (v)

Geeta Kumari, as described in paragraph No. 4 are

substituted in his place.

Accordingly I.A. No. 5156 of 2018 stands

allowed.

Re:- M.J.C. No. 2542 of 2011

The present application has been filed for

Patna High Court MJC No.2542 of 2011(4) dt.21-05-2021

3/3

restoration of F.A. No. 212 of 1982 which has been

dismissed for non-prosecution vide order dated

31.03.2011.

Learned counsel appearing on behalf of the

petitioner would submits that the petitioner could not

appear in the matter since the sole advocate Rewati

Raman Sharan died before the date of hearing dated

31.03.2011.

For the reasons stated in M.J.C. No. 2542 of

2011, the same is allowed.

F.A. No. 212 of 1982 is restored to its original

file.

Let F.A. No. 212 of 1982 be listed for hearing

before appropriate Bench on 5^th of July, 2021.

Shageer/-

(Anil Kumar Upadhyay, J)

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