Ram Lakhan v. Punjab National Bank and Anr.
Case brief
What is this about?
The court allowed a substitution application to replace the deceased respondent no. 2 in an appeal. The appellant must file the substitution and ensure legal heirs are added within 10 days and serve them via registered post within a week thereafter, followed by filing an affidavit of service.
What did the court decide?
Substitution application allowed; appellant directed to substitute parties and serve legal heirs of deceased respondent no. 2 within specified timelines.
Appeal Dy. No. 108/2019 Date: 21.12.2023
Ram Lakhan Vs. Punjab National Bank and Anr.
Present: Shri A. K. Upadhyay, counsel for the appellant, Shri A. P. Singh, counsel for the respondent-Bank, Shri V. K. Shukla, Advocate holding brief of Shri Kushal Kant, counsel for the respondent no. 2,
The office report dated 20.12.2023 shows that no reply has been filed by the respondent-bank and substitution application being I.A. No. 563/2023 is pending. The substitution application is allowed.
Let the necessary substitution be made in the array of parties by the learned counsel for the appellant within 10 days and if the name of legal heirs of the deceased respondent no. 2 is incorporated in the memo of parties within the time as stipulated, then appellant shall take steps within a week thereafter for service of notice upon them by two modes i.e. registered post with A.D. and speed post. Affidavit of service along with tracking report be filed by the next date.
List this case on 04.04.2024 for service.
Justice R. D. Khare Chairperson
VN Giri
Parties & counsel
- appellant
Ram Lakhan
- respondent
Punjab National Bank
- respondent
Respondent no. 2
Coram
Case details
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