High CourtsSingle Bench

Sahdul Sheikh vs Hazrat Sheikh

Jharkhand High Court · Decided on 4 May 2016 · Citation: (2017) 1 AIRJharR 718

HON’BLE JUDGES
Amitav K. Gupta, J.
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 22 Rule 4, Section 100
RESULT
Allowed
CASE NUMBER
S.A No. No.159 of 2006
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Judgment

9 paragraphs · 213 words

Amitav K. Gupta, J. - I.A. No. 692 of 2011.

The above interlocutory application has been filed on behalf of the appellant under Order 22, Rule 4 of the Code of Civil Procedure for substitution of the legal heirs/ representatives of deceased respondent No.02, who died on 13.12.2010.

2.

It is submitted by the learned counsel that the petition has been filed within time, hence, prays that the names of legal heirs/ representatives of deceased respondent No.02 as mentioned in para � 1 of the supporting affidavit be permitted to be brought on record.

3.

On repeated calls, none appears on behalf of the respondents.

4.

Heard. Let the names of legal heirs/ representatives of deceased respondent No.02, as mentioned in para � 1 of the supporting affidavit, be substituted.

5.

Learned counsel for the appellant shall carry out the necessary correction in the cause title of the appeal in red ink, in course of day.

6.

I.A. No.692 of 2011 stands allowed.

S.A. No.159 of 2006

7.

Learned counsel for the appellant shall file requisites of notice under ordinary process, within two weeks, to be served upon the legal heirs/ representatives of deceased respondent No.02 and shall also take fresh steps for service of notice, to be served upon the respondent No.08.