The High Court quashed the order of the Sub-Judge rejecting the petition for substitution of legal heirs solely on grounds of limitation, directing the lower court to decide the title suit on merits within a year.
Quashed the impugned order rejecting substitution petition; directed lower court to decide suit within one year.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18327 of 2015
======================================================
| ... ... Petitioner/s Versus |
|
|---|---|
| 1. | Abdul Gafoor Son of Hazi Md. Habib |
| 2. | Bibi Kahkasa w/o Late Abdul Wasay |
| 3. | Sama Firdous |
| 4. | Ambar Minon both minor sons of Late Abdul Wasay, both minors under the guardianship of their mother Most. Bibi K |
| 5. | Faridwa D/o Abdul Wasay |
| 6. | Nishat W/o Sonu and daughter of Abdul Wasay |
| 7. | Khushbu wife of Atik and D/o Abdul Wasay |
| 8. | Mohsina W/o Zafar and D/o Abdul Wasay All residents of village Narga, P.S. Nathnagar, District Bhagalpur. |
| 9. | Md. Fakray Alam |
| 10. | Md. Zafar Alam both sons of Late Md. Ali |
| 11. | Bibi Aiysa w/o Md. Zamil |
| 12. | Bibi Noor Sahin w/o Md. Islam |
| 13. | Bibi Amna Khatoon w/o Md. Nasim |
| 14. | Bibi Mokima w/o Md. Samsul |
| 15. | Bibi Sima Khatoon w/o Md. Manzoor |
| 16. | Bibi Zainab wife of Md. Anis |
| 17. | Bibi Hussan Ara wife of Late Md. Ali All residents of village Narga, P.O. Champanagar, P.S. Nathnagar, District Bhagalpur. |
| 18. | Bibi Alima D/o Hazi HabibW/o Late Abdul Gaffar resident of village Narga Husnabad P.S. Nathnagar, District Bhagalpur. |
| 19. | Md. Feroz son of Late Bibi Sayeeda Khatoon |
| 20. | Bibi Reyasa |
| 21. | Bibi Rukaiya both daughters of Late Bibi Sayeeda Khatoon All residents of Champanagar, P.S. Nathnagar, District Bhagalpur. |
| 22. | Md. Ansar |
| 23. | Md. Manzoor |
| 24. | Md. Bhola all sons of Abdul Razak All residents of village Narga, P.S. Nathnagar, District Bhagalpur. |
| 25. | Bibi Badrun wife of Eqbal |
Patna High Court CWJC No.18327 of 2015(4) dt.23-01-2024 2/4
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr. Manoj Kumar For the Respondent/s : Mr. Praveen Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 23-01-2024 Heard the parties.
is treated to be valid.
Patna High Court CWJC No.18327 of 2015(4) dt.23-01-2024 3/4
had expired.
Patna High Court CWJC No.18327 of 2015(4) dt.23-01-2024 4/4
and the cannot be sustained and therefore the same is hereby quashed.
(Sandeep Kumar, J)
Vikas/-
U
1 issue framed by the court
Whether the Sub-Judge ought to have condoned the delay in filing the petition for substitution of legal heirs of a deceased defendant?
1 provisions across 1 enactments
Sahabaj Alam @ Shawaz Alam
Abdul Gafoor
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
