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Mohd. Zahoor v. Jamuna Mishra - SECOND APPEAL No. 2595 of 1986 [2006] RD-AH 1556 (20 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the appellant. None is however present on behalf of the respondents.

The sole appellant has died for which the notice has been issued for service upon the respondent Nos. 1 and 2. As per the office report dated 21.12.2005, it has been found from the notice that the respondent No.1 too has died.

Learned counsel for the appellant prays for and is granted time till the expiry of the statutory period for substitution of respondent No. 1 also.

List thereafter.

An application has been moved on behalf of the appellant stating that the proposed legal heir of the deceased appellant being 1/1-Smt. Aisha, the widow of Mohd. Zahoor, has also died meanwhile but her heirs are the same who are the heirs of Mohd. Zahoor and they are already proposed for substitution at the place of deceased appellant. As such, only a correction is required to be made in the substitution application and the name of Smt. Aisha, the widow of Mohd. Zahoor, has to be deleted therefrom. The number of the proposed legal representatives, as has been given in the application for substitution, also required to be amended in the application No. 195308 of 2004. The correction be made within a week.

List after the substitution application in respect of deceased respondent No. 1 has been moved.




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