The Patna High Court allowed an interim application for substituting legal representatives after the death of a party during trial proceedings. The court also accepted a caveat and converted the test case into a test suit.
I.A. 9837/2015 allowed to substitute legal representatives; caveat accepted; case converted to test suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court TEST CASE No.17 of 2012 (14) dt.27-07-2018
1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Test Case No. 17 of 2012
====================================================== In The Goods of Late Chhathu Lal Sahu Keshari
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Sinha For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
I.A. no. 9837/2015 has been filed under Order 22 Rule 4 and Section 151 of the CPC mentioning therein that during pendency of this case, near relative, namely, Smt. Janki Devi died on 09.10.2015 leaving behind her legal representatives as mentioned at para 1 of the aforesaid I.A. no. 9837/2015. The special citation has already been served upon proposed legal representatives.
14 27-07-2018
No objection is raised in respect of substitution of the aforesaid legal representatives in place of Smt. Janki Devi.
Accordingly, I.A. no. 9837/2015 stands allowed and it is ordered that in place of near relative, namely, Smt. Janki Devi, her legal representatives as mentioned at para 1 of I.A. no. 9837/2015 be substituted.
I.A. no. 5005/2017 and I.A. no. 5006/2017 have been
filed on behalf of near relative no. 1, Ganesh Prasad Keshari.
Patna High Court TEST CASE No.17 of 2012 (14) dt.27-07-2018
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Caveat vide I.A. no. 5005/2017 filed on behalf of the near relative, namely, Ganesh Prasad Keshari be accepted and accordingly, this test case is converted into test suit. The aforesaid caveat and objection are treated as written statements filed on behalf of the near relative no.1.
Parties should file proposed issues.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U
2 issues framed by the court
Whether the application for substitution of parties due to death of a near relative could be allowed.
Whether the case could be converted into a test suit upon acceptance of a caveat.
2 provisions across 2 enactments
In the Goods of Late Chhathu Lal Sahu Keshari
Respondent/s
Ganesh Prasad Keshari
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
