Disposed

Alakh Niranjan Ram and Anr. v. Most. Ram Sigari Kumar and Ors.

Patna HC13 Jul 2015CWJC/4728/2012

Case brief

AI extract

What is this about?

The Patna High Court allowed the petitioners to withdraw the writ application. Consequently, the court dismissed the writ application as withdrawn, which mooted the issue regarding the competency of proceeding due to non-substitution of the deceased respondent's heirs.

What did the court decide?

Permission to withdraw the writ application; Writ application dismissed as withdrawn.

Alakh Niranjan Ram and Anr. Vs Most. Ram Sigari… — Civil Procedure and Limitation | Patna HC (2015)

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Patna High Court CWJC No.4728 of 2012 (4) dt.13-07-2015

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.4728 of 2012

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====================================================== 1. Alakh Niranjan Ram S/O Sri Nima Ram Kr/O Village- Jewari, P.O.Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua 2. Nima Ram S/O Late Lalu Ram Kr/O Village- Jewari, P.O.- Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua

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.... .... Petitioner/s Versus 1. Surya Nath Singh S/O Late Vikrama Singh R/O Village- Jewari, P.O.Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua 2. Bhrigu Nath Singh S/O Late Vikrama Singh R/O Village- Jewari, P.O.Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua 3. Satyendra Singh S/O Late Vikrama Singh R/O Village- Jewari, P.O.Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua 4. Rama Shankar Singh S/O Late Badri Singh R/O Village- Jewari, P.O.Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua 5. Ram Avtaar Singh S/O Late Shiv Prasad Singh R/O Village- Jewari, P.O.- Pachilakhi, P.S.- Durgawati, District- Kaimur At Bhabua

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Satyendra Pandey For the Respondent/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER

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4 13-07-2015 Heard the learned counsel for the petitioners.

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By order dated 10.10.2012 the heirs of the deceased respondent no.1 Surya Nath Singh were substituted on the prayer of the petitioners who were also directed to file the requisites for issue of notice on those heirs, granting three weeks peremptory time. However, the said order/direction was not complied within the peremptory time granted by the Court. The office has now placed the matter for consideration of the competency of this writ application in absence of the substituted

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Patna High Court CWJC No.4728 of 2012 (4) dt.13-07-2015

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heirs of the deceased respondent no.1.

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Mr. Pandey, the learned counsel for the petitioners has submitted that the respondent no.1 was a necessary party in this writ application and in the suit he was impleaded as defendant no.1. In view of this submission, further proceeding in absence of the substituted heirs of the deceased respondent no.1 may result in inconsistent orders.

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At this stage, the learned counsel for the petitioners has prayed for permission to withdraw this writ application.

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Permission is accorded.

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The writ application is dismissed as withdrawn.

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(V. Nath, J)

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Nitesh/-

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Alakh Niranjan Ram and Anr. v. Most. Ram Sigari Kumar and Ors.

Case brief

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Alakh Niranjan Ram and Anr. v. Most. Ram Sigari Kumar and Ors.

Case brief

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