JHUNIA MANDALAIN Vs. LUKMAN PANJIARA

JUDGEMENT

(1.) THE appellants have filed the instant application for substitution of the respondent Nos. 8,9(a) and 10, who died during the pendency of this appeal. Counsel for the appellant has submitted that though the aforesaid three respondents died much earlier before the filing of the substitution petition, but he has submitted that the case was filed at Patna, and thereafter, it was transferred before this Court in 2007, and thereafter, when the counsel for the appellants asked the appellants to come to him to instruct him, he had come to know that the aforesaid three respondents died in the year 2006.

(2.) THE counsel appearing for the respondents has submitted that the instant I.A. application for substitution of the legal representatives and heirs of the aforesaid respondents has been filed much after their death, therefore, this application should not be entertained and the appeal has already been abated for the same.

(3.) COUNSEL appearing for the respondents undertakes to file the Vakalatnama on behalf of all the substituted legal representatives and heirs of the respondent nos. 8, 9(a) and 10, therefore, no notice is required to be issued to these substituted legal representatives and heirs of the aforesaid respondents. The counsel appearing for the respondents is directed to file the Vakalatnama for the aforesaid substituted legal representatives and heirs of the aforesaid respondents within a period of one month from the date of this order. With the aforesaid directions, the aforesaid I.A. No. 2676 of 2009 stands disposed of.