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Surender Prasad Vs. Anil Kumar Verma and ors

Surender Prasad vs Anil Kumar Verma and ors

Type Court Judgment Court Patna Decided May 11, 2012
~1 min read
https://sooperkanoon.com/case/975127

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Surender Prasad

Respondent

Anil Kumar Verma and ors

Excerpt

in the high court of judicature at patna first appeal no.231 of 1996 surender prasad versus anil kumar verma & ors ---------------------------------- 24. 11.01.2012 heard the learned counsel for the appellant on i.a. no.4464 of 2011. this application has been filed for substitution of the legal representatives of the deceased sole appellant. prayer for setting aside abatement has also been made in the application. the learned counsel for the appellant submitted that the legal representatives had no knowledge about the procedural law and, therefore, within the time stipulated, they did not contact their counsel for substitution. considering the above facts and circumstances of the case and the explanation given in the substitution application, i am satisfied that the appellants were prevented by sufficient cause from not filing the substitution application within 90 days from the date of death. accordingly, the abatement is set aside and the substitution application is allowed. the legal representatives of the sole deceased appellant as mentioned in the application are substituted in place of the sole appellant after deleting his name. all of them have appeared by filing vakalatnama. saurabh (mungeshwar sahoo,j.)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.231 of 1996 Surender Prasad Versus Anil Kumar Verma & Ors ---------------------------------- 24. 11.01.2012 Heard the learned counsel for the appellant on I.A. No.4464 of 2011. This application has been filed for substitution of the legal representatives of the deceased sole appellant. Prayer for setting aside abatement has also been made in the application. The learned counsel for the appellant submitted that the legal representatives had no knowledge about the procedural law and, therefore, within the time stipulated, they did not contact their counsel for substitution. Considering the above facts and circumstances of the case and the explanation given in the substitution application, I am satisfied that the appellants were prevented by sufficient cause from not filing the substitution application within 90 days from the date of death. Accordingly, the abatement is set aside and the substitution application is allowed. The legal representatives of the sole deceased appellant as mentioned in the application are substituted in place of the sole appellant after deleting his name. All of them have appeared by filing vakalatnama. Saurabh (Mungeshwar Sahoo,J.)

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