RAJENDRA SINGH Vs. KRISHNA MAHATO
SUPREME COURT OF INDIA (FROM: PATNA)
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(1.)Heard the learned counsel for the parties.
(3.)This appeal is filed against the judgment and order dated 7/02/2000 passed by the High Court of Patna in LPA no. 1418 of 1997. By the impugned order, the High Court dismissed the LPA by holding that the judgment and order dated 16/07/1997 passed by the learned single judge dismissing the appeal as having abated since the sole respondent had died and none was brought on record as his legal representative cannot be said to be illegal or erroneous. It has been pointed out that the impugned order is passed by the high Court without considering the facts which were brought on record. It is submitted that one Ramashish Mahato filed the suit in 1976 against the appellants. The suit was decreed on 25/02/1978. Hence, the appellants preferred F. A. No. 357 of 1978 before the High Court of Patna. The appeal was admitted and kept pending. On 28/08/1992, Ramashish mahato died. On coming to know about his death, appellants preferred an application on 13/11/1992 for bringing his legal representatives on record. That application was filed within the prescribed time. Unfortunately, it was not taken up for hearing. Meanwhile, one of his legal representatives, Dirshnath Mahato expired on 27/02/1995. Therefore, appellants filed substitution application on 9/05/1995 to implead Krishna Mahato (present respondents and others) on record. The aforesaid application was served on the other side and the same was also filed within period of limitation. That second substitution application was not taken up for hearing.
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