LAWS(PAT)-2012-3-49

THAKUR JI RAM CHANDRA JI MAHARAJ AND SRI JANAKI MAHARANI Vs. SURENDRA PRASAD SON OF LATE RAJ KUMAR SAHAY

Decided On March 16, 2012
THAKUR JI RAM CHANDRA JI MAHARAJ AND SRI JANAKI MAHARANI AND SRI LAXMAN JI AND SRI HANUMANJI Appellant
V/S
SURENDRA PRASAD, SON OF LATE RAJ KUMAR SAHAY Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.4.2004 passed by the 6th Subordinate Judge, Gaya in Title Suit No.16 of 2003, whereby he, on a petition filed on behalf of the defendants of the suit, held the aforesaid suit as abated for the reason that the plaintiff no.1 in the suit was a deity, a perpetual minor, who was being represented through plaintiff no.2, who died but he was not substituted even after giving opportunities.

(2.) MR. Lalit Kishore, learned Senior Counsel assisted by MR. Ajay Kumar Sharma, Advocate appears for the appellant. No one appears on behalf of the respondents.