Chief Justice directed counsel for appellant to file requisite notices for substitution of legal heirs within ten days due to delay in filing the petition.
Directed counsel to file requisites for notice to respondents within ten days regarding substitution of legal heirs.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 70 of 2004
Mir Asraf Hussain alias Ashu ... Appellant(s)
Versus
Mir Manjur Hussain & others … Respondent(s)
CORAM : HONBLE MR. JUSTICE D. N. UPADHYAY
For the Appellant : Mr. D. K. Karmakar For the Respondents :
Counsel appearing for the respondent No. 1 submits that he has taken his file presuming that the miscellaneous appeal stands dismissed for non-prosecution.
Counsel appearing for the appellant submits that sole appellant died and the legal heirs have filed I.A. No. 8946 of 2013 to substitute and allow them to proceed with the appeal.
The petition to substitute the legal heirs has not been filed within time.
In the circumstances, learned counsel who has filed petition to substitute the legal heirs of the sole appellant is directed to file requisites of notice to be served against respondent No. 1 under registered post with A/D as well as by ordinary process within ten days on the point of substitution.
MK
Mir Asraf Hussain alias Ashu
Mir Manjur Hussain
D. N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
