IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.

380 of 1994 JAGARNATH PRASAD @ JAGANNATH P Versus THAKUR RUKMINI NATH ASHTHAPIT ----------11 30.06.2009 Heard learned counsel for the appellants on IA No. 6157 of 2008 in connection with S.A. No. 380 of 1994. No one appears on behalf of the respondents. By this application the appellants have prayed for

substitution of appellant no. 5, Sirajuddin, who is reported to have died on 28.7.2008 leaving behind him his widow, four sons and two daughters as his heirs and legal representatives of whom son Reyujuddin is already on record as appellant no. 6. The petition appears to be within time. In the circumstances let the name of deceased appellant no. 5 Sirajuddin be expunged from the memorandum of appeal and he be substituted by his heirs and legal representatives as detailed in paragraph 1 of interlocutory application with a note that son Reyajuddin is already on record as appellant no. 6. Since this application for substitution has been filed by the heirs and legal representatives Sirajuddin no notice is required of deceased appellant no. 5 to be served on any of the

substituted heirs. The aforesaid I.A. is accordingly allowed.

Spd/-

(Abhijit Sinha, J.)