PAWAN KUMAR SINHA S/O LATE DWARIKA PRASAD Vs. DHARNIDHAR PRASAD SINHA S/O LATE DR. RAMJEE PRASAD SINHA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Mr. Dharnidhar Prasad Sinha in person. A supplementary affidavit has been filed on behalf of the petitioner.

(2.) In this writ application the challenge is to the order dated 18.8.2007 passed by the Civil Judge, Senior Division, 8th Vaishali at Hajipur in Title Suit No. 162 of 1981, whereby the petition dated 4.8.2003 for substituting the name of respondent-Dharnidhar Prasad Sinha in the said suit was rejected primarily on the ground that for substituting Dharnidhar Prasad Sinha, the son of the original defendant nos. 1 & 2 a regular petition under Order 22 Rule 4 as also a separate petition under Order 22 Rule 9(2) of the Code of Civil Procedure as well as an application under Section 5 of the Indian Limitation Act is required to be filed. The name of Dharnidhar Prasad Sinha could not be substituted on merely filing the application dated 4.8.2003 without mentioning the provisions of law.

(3.) The respondent-Dharnidhar Prasad Sinha has appeared in person, however, has not filed any counter affidavit.