- (1.) THE appellants have filed the instant application for substitution of the respondent Nos. 8,9(a) and 10, who died during the pendency of this appeal. Counsel for the appellant has submitted that though the aforesaid three respondents died much earlier before the filing of the substitution petition, but he has submitted that the case was filed at Patna, and thereafter, it was transferred before this Court in 2007, and thereafter, when the counsel for the appellants asked the appellants to come to him to instruct him, he had come to know that the aforesaid three respondents died in the year 2006.
(2.) THE counsel appearing for the respondents has submitted that the instant I.A. application for substitution of the legal representatives and heirs of the aforesaid respondents has been filed much after their death, therefore, this application should not be entertained and the appeal has already been abated for the same. Considering the reasons given by the counsel appearing for the appellants and also considering the facts and circumstances of the case, I allow this Interlocutory application and accordingly the legal representatives and heirs of the respondent No.8 as mentioned in Para-4 of the I.A. application namely i) Katra Kapri, ii) Hari Kapri, iii) Badnaya Devi and iv) Kunti Devi, are hereby substituted in place of the said respondent no.8. The legal representative and heir of respondent No.9(a), who died on 28.8.2005, as mentioned in Para -5 of the I.A. application namely Babita Devi, is hereby substituted in place of the said respondent no.9(a). The legal representatives and heirs of respondent No.10-Kaleshwari Mandalain, who died on 26.4.1998 as mentioned in Para -6 namely i) Mudrika Devi (widow of Bachu Mandal, son of Kaleshwari Mandalain), ii) Ramakant Mondal, iii) Umesh Mandal (both sons of Bachu Mandal), iv) Basanti Devi and v) Kushmi Devi ( daughters of late Bachu Mandal) are substituted in place of respondent no.10.
(3.) COUNSEL appearing for the respondents undertakes to file the Vakalatnama on behalf of all the substituted legal representatives and heirs of the respondent nos. 8, 9(a) and 10, therefore, no notice is required to be issued to these substituted legal representatives and heirs of the aforesaid respondents. The counsel appearing for the respondents is directed to file the Vakalatnama for the aforesaid substituted legal representatives and heirs of the aforesaid respondents within a period of one month from the date of this order. With the aforesaid directions, the aforesaid I.A. No. 2676 of 2009 stands disposed of. The appellants has filed the instant I.A. application for substitution of the legal representatives and heirs of appellant No.2 namely Uchit Mandal alias Ramavtar Mandal who died on 18.11.2009. It is submitted that the said appellant no.2 died living behind him the legal representatives and heirs namely Janki Devi(widow) and Kailash Kotwal and Anil Kotwal (sons). Though the instant I.A. application has been filed after the expiry of the limitation period, but as the sufficient cause has been shown, I allow this I.A. application and the legal representatives and heirs of the appellant No.2, as mentioned in the Para-4 of the I.A.application, namely i) Janki Devi(widow) ii) Kailash Kotwal and iii)Anil Kotwal (sons) are hereby substituted in place of the appellant No.2.;