Nirmala Devi v. Ghanshyam Thakur
Case at a glance
- Bench
- ARUN KUMAR JHA
Outcome
Dismissed
Accordingly, the present petition is dismissed as
Provisions considered
- Code of Civil Procedure, 1908 O. 39 rr. 1, 2
Key paragraphs
- Para 88. Accordingly, the present petition is dismissed as withdrawn with liberty as aforesaid. (Arun Kumar Jha, J) DKS/- U
Judgment
Ghanshyam Thakur S/o late Srideo Thakur Resident of Mohalla- Nai Bazar, P.S. Town Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Vikas Mohan, Advocate Mr. : : 2 28-01-2025 I.A. No. 01 of 2023 ORAL ORDER The instant interlocutory application has been filed for substituting the heirs/legal representatives of sole petitioner who died during the pendency of the present petition.
Learned counsel appearing on behalf of heirs/legal representatives of sole petitioner submits that the sole petitioner died on 04.11.2022 leaving behind her heirs/legal representatives whose details have been mentioned in paragraph 2 of the interlocutory application. Learned counsel further submits that there is no deliberate delay or latches on part of the applicants in moving the present application.
In the light of averments made in the interlocutory application as well as submission made on behalf of the applicants, I.A. No. 01 of 2023 stands allowed. Patna High Court C.Misc. No.1797 of 2017(2) dt.28-01-2025
Office is directed to expunge the name of sole petitioner from the record and substitute the same with her heirs/legal representatives whose details have been mentioned in paragraph 2 of the interlocutory application. C. Misc. No. 1797 of 2017
Perusal of impugned order shows the order has been passed on an application filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure. Evidently, the said order is appealable under Order 43 Rule 1(r) of the Code of Civil Procedure and miscellaneous petition is not maintainable.
Faced with the situation, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to approach before the appropriate forum in appropriate proceeding.
Permission is accorded.
Operative part
Accordingly, the present petition is dismissed as withdrawn with liberty as aforesaid. (Arun Kumar Jha, J) DKS/- U
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present petition is dismissed as
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 39 rr. 1, 2.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.