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, have been filed on 27.04.2010 and 20.02.2015,
respectively. However, during pendency of the aforesaid
substitution petitions, Most. Kamli Devi W/o late Sukhdev Modi
also died on 20.10.2015 and for her substitution, petition was
filed on 19.12.2015. The aforesaid substitution petitions filed
for bringing on record the heirs/legal representatives of
aforesaid deceased-defendants, has been allowed on 13.10.2023.
As the plaintiff failed to appear in Title Suit No. 02 of 2000
Patna High Court C.Misc. No.1286 of 2024 dt.22-07-2025
(Probate Case No. 09 of 1997) on three consecutive dates, i.e.,
on 22.02.2019, 18.04.2019 and 03.05.2019, then the learned
Additional District Judge-I, Purnea dismissed the Probate Case
No. 09 of 1997/T.S. No. 02 of 2000 for default vide its order
dated 03.05.2019. Against the said order dated 03.05.2019, the
plaintiff of T.S. No. 02 of 2000, filed Misc. Case No. 59 of 2019
on 30.05.2019 before the Court of learned Additional District
Judge-I, Purnea for recalling/setting aside the order dated
03.05.2019 passed in Probate Case No. 09/1997, Title Suit No.
02/2000. The aforesaid Misc. Case No. 59 of 2019 was finally
heard on 30.08.2023 by the learned Additional District Judge
and without issuing any notice to the petitioner, the Misc. Case
No. 59 of 2019 was allowed and Title Suit No. 02 of 2000 was
restored to its original filed. The said order dated 30.08.2023 is
under challenge before this Court.
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