Case Note & Summary
The case involved First Appeal No. 425 of 1988 before the Patna High Court, where the State was the appellant against Shivulak Roy, the respondent. The court addressed procedural matters concerning the service of show cause notices on proposed heirs and the substitution of parties. The appellant was granted four weeks to take necessary steps for substitution regarding specific proposed respondents and to file requisites for issuing show cause notices. The court emphasized that failure to comply with these directions would lead to the rejection of the substitution petition without further reference to a bench. The order was delivered by Honourable Mr. Justice V. Nath on 19-07-2013.
Headnote
A) Civil Procedure - Substitution of Parties - Validity of Service - Code of Civil Procedure, 1908, Order 22 - The court accepted the service of show cause notices on certain proposed heirs as valid and allowed time for the appellant to take steps for substitution regarding other proposed respondents. The court directed that failure to comply would result in rejection of the substitution petition without further reference (Paras Not mentioned).
Issue of Consideration
Validity of service of show cause notices and substitution of parties
Final Decision
The court accepted the service of show cause notices as valid and granted the appellant four weeks to take necessary steps for substitution regarding certain proposed respondents. The court warned that failure to comply would result in the rejection of the substitution petition without further reference.
Law Points
- Substitution of parties
- Service of show cause notices
