Civil miscellaneous petition dismissed for non-prosecution after petitioner twice failed to file requisites for service of notices and a substitution petition for a deceased respondent despite last opportunity granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.39 of 2021
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Lal Babu Yadav, Son of Late Beni Yadav, Resident of Village-Pewandi, P.O. and P.S. Chenari, District Rohtas.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Sumeet Kumar Singh, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
“Office has reported that respondent No.1 has appeared through Vakalatnama. Ordinary notice from respondent No.2 and 4 returned unserved with report of the process server that these two respondents are not available at the given address and respondent No.3 has died. Similar to the effect is the report of postal peon that respondent Nos.2 and 4 were not available at the given address and their undelivered registered cover has been returned.
3. Ms. Alka Singh, learned counsel for the respondent No.1 is present.
Patna High Court C.Misc. No.39 of 2021(9) dt.04-03-2024 2/3
4. In the aforesaid facts and circumstances of the case, learned counsel for the petitioner is directed to take fresh steps for service of notice upon respondent Nos.2 and 4 with correct address. It is further directed to file a petition for substitution of respondent No.3. The requisites and substitution petition must be filed within four weeks.
5. List this case on 5.1.2024.”
“Present learned counsel for the petitioner as well as learned counsel for respondent no. 1. 2. There is no compliance of order dated 24.11.2023 by the learned counsel for the petitioner, who seeks further time of two weeks for compliance of order dated 24.11.2023.
3. By way of last opportunity, further time of two weeks is granted to the learned counsel for the petitioner for compliance of order dated 24.11.2023.
4. It is made clear that if the order is not complied within the stipulated period, the petition would be dismissed.
5. List this matter on 02.02.2024.”
of notices upon respondent nos. 2 and 4 have not been filed. Even the substitution petition for respondent no.3 has not been filed.
Patna High Court C.Misc. No.39 of 2021(9) dt.04-03-2024 3/3
dated 24.11.2023 and 05.01.2024, the present petition stands
dismissed for non-prosecution.
(Arun Kumar Jha, J)
balmukund/-
U
1 issue framed by the court
Whether the petition should be dismissed for the petitioner's failure to comply with orders on service of notice and substitution of a deceased respondent.
Lal Babu Yadav
Shri Nand Kumar Sah
Dashrath Singh Yadav
Bhola Singh Yadav
Nathuni Singh Yadav
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
