Patna Court February 1996 Judgments

Sukkar Mahto Vs. Md. NizamuddIn and ors.

Court: Patna

P.K. Deb, J. 1. This Revision petition has been preferred by the above named plaintiff-petitioner against the order dated 12.3.1991 passed by 3rd Additional District Judge, Hazaribagh in Misc. Appeal No. 12 of 1988. whereby and where under the order of abatement passed in Partition Suit No. 131 of 1989 on 6.2.1988 by the 5th Sub Judge, Hazaribagh has been confirmed for non substitution of the heirs of deceased defendant No. 1, Meghan Mian.2. The Partition Suit was filed by the plaintiff wherein Meghan Mian along with others have been made defendants in the suit. Meghan Mian's eldest son was also a defendant originally in the suit being a co-sharer in the suit property. After the evidence was closed and the case was pending for argument, then on 19.11.1986 defendant No. 2 filed a petition before the court of Sub Judge, to the effect that defendant No. 1 Meghan Mian died on 31.8.1986, but it appears that such information was supplied in a petition for adjournment and no separate petiti...