Petitioners sought permission to withdraw an application for adding legal heirs as defendants under Order I Rule 10 CPC, which had been rejected by the Execution Munsif. The High Court allowed the withdrawal.
Application dismissed as withdrawn; liberty granted to raise plea at appellate stage.
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Patna High Court CWJC No.22893 of 2012 (2) dt.03-09-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22893 of 2012
======================================================
All sons of Late Md. Sayed Akhtar R/O Vill-Sakra Faridpur, P.S.Sakra, Distt-Muzaffarpur.
Both sons of Kishori Thakur R/O Vill-Gobardhanpur, P.O.-Dholi, P.S.-Sakra, Distt-Muzaffarpur At Present Resident Of Village-Sakra Faridpur, P.O.-Dholi, P.S.-Sakra, Distt-Muzaffarpur.
.... .... Respondent
====================================================== Appearance : For the Petitioner/s : Mr. Naresh Chandra Verma Mr. Ram Kumar Singh
For the Respondent/s : None
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 03-09-2013 Heard learned counsel for the petitioners.
The petitioner is aggrieved by an order dated 29.08.2012 passed by learned Execution Munsif, Muzaffarpur, in T.S. No. 98 of 1995 whereby the Court has rejected an application said to have been filed under Order I Rule 10 of the Code of Civil Procedure for adding the legal heirs of Late Nageshwar Thakur as defendants.
Learned counsel for the petitioner after some argument seeks permission to withdraw this application with a liberty to
Patna High Court CWJC No.22893 of 2012 (2) dt.03-09-2013
raise such plea as raised in the present application at the stage of
appeal, if the result in the suit goes against him.
The application is accordingly dismissed as withdrawn.
Saif/-
(Chakradhari Sharan Singh, J.)
1 provisions across 1 enactments
AZHARUL ISLAM 2 IMTYAJ AKHTAR 3 SUHAUL AKHTAR 4 ARIF AKHTAR
CHANDESWAR THAKUR 2 JOGENDRA THAKUR
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
