GANESH CHAUDHARY Vs. JAGDISH CHOUDHARY

JUDGEMENT

(1.) I.A. No. 2844 of 2007 has been filed by the appellant, praying for substitution of the legal heirs and representatives of the deceased - -Respondent No. 1 and another petition vide I.A. No. 3232 of 2007 has been filed with a prayer for injunction.

(2.) HEARD counsel for the appellant and counsel for the respondents.

(3.) THE instant appeal was filed in the Patna High Court, where Shri B.N. Bariyar, Advocate was engaged to entertain the appeal and this fact was communicated to him by the appellant with instructions to take appropriate action for substitution of the legal heirs of the deceased -Respondent No. 1, namely, Jagdish Choudhary but the appellant was not aware as to whether necessary steps was taken properly or not by the learned Counsel. Later the case was transferred to the Jharkhand High Court and it was only then in course of verification on 25.9.2007 through the lawyers, Mr. Manoj Kr. Sah, that it was detected that no steps were taken by the learned Counsel at Patna for taking appropriate steps for substitution of the legal heirs of the deceased -Respondent No. 1. It was only thereafter that the appellant could file the present substitution petition explaining the reasons for the delay in filing the same. Learned Counsel prays for condoning the delay on the ground that it had occasioned due to lapses on the part of the learned Counsel for the appellant and the abatement of the appeal would cause appellant to suffer irreparable loss and injury.