Geeta Devi v. Most. Ram Kanta Devi
Case brief
What is this about?
Restoration of civil second appeal dismissed for non-prosecution; bringing on record / substitution of heirs and legal representatives of deceased appellant; setting aside abatement; addition of heirs after death of appellant during pendency of appeal; conditional restoration upon payment of costs (Rs.5,000); Patna High Court; MJC No.2890 of 2025 in Second Appeal No.56 of 2014; Justice Khatim Reza; order dated 05-12-2025; Geeta Devi and others v. Ram Kanta Devi and others; Katihar; e-filing of substitution petition dated 07.11.2021; death of appellant Binod Kumar Poddar on 22.12.2019.
What did the court decide?
Both applications allowed: (i) Interlocutory Application No.01 of 2025 allowed, permitting petitioner nos.1 to 4 to pursue the case on behalf of the deceased appellant no.1 Binod Kumar Poddar, with hard copy of the substitution petition to be filed within one week and defect No.50 ignored; (ii) Miscellaneous Jurisdiction Case No.2890 of 2025 allowed, restoring Second Appeal No.56 of 2014 (dismissed for non-prosecution on 23.06.2025) to its original file subject to payment of Rs.5,000/- to the other side, receipt of payment to be filed within four weeks.