Second appeal allowed permission to withdraw. The Court permitted withdrawal of the appeal so the appellant could file an application under Order 22 Rule 9(2) CPC to set aside the abatement of the underlying suit.
Permission granted to withdraw this appeal to enable the plaintiff to file an application to set aside the abatement of the suit.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.735 of 2012
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Shri Vijay Kumar S/O Late Paras Sah R/O Mohalla - Garib Asthan, Temple Road, Police Station And Post Office - Town, District - Muzaffarpur
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
04. 16-07-2013 Heard Mr. Shashi Shekhar Dwivedi, learned Senior counsel
appearing on behalf of the appellant.
This appeal is directed against the order dated 13.07.2012 passed by learned Sub-Judge-5th , Muzaffarpur in Title Suit No. 353 of 2001, whereby the learned trial court has dismissed the suit as having abated by reason of non-substitution of deceased defendant no. 1.
Perusal of the order impugned manifests that on the failure of the plaintiff to have substituted the defendant no. 1 or having appeared on the date fixed, that the suit stands dismissed as abated.
Mr. Dwivedi, learned Senior Counsel appearing on behalf of
Patna High Court MA No.735 of 2012 (4) dt.16-07-2013
2
the appellant with reference to the provisions of Order 22 Rule 9(2) of the Code of Civil Procedure seeks permission to withdraw this appeal in order to enable the plaintiff to file an appropriate application in the light of the said provision for setting aside the abatement.
Permission is allowed.
The appeal is disposed of with the liberty aforesaid.
(Jyoti Saran, J)
S.Sb/-
1 issue framed by the court
Whether permission should be granted to withdraw the second appeal to enable the plaintiff to file an application for setting aside the abatement of the suit?
1 provisions across 1 enactments
Vijay Kumar
Sudhanshu Kumar Sinha
Sudhir Kumar Sinha
Shishir Kumar Sinha
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
