IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.268 of 1994 PARMANAND PRASAD & ORS Versus SULOCHANA DEVI & ORS ----------- 6/ 23.02.2011 The present Second Appeal was ordered to be compromised between the appellants at one side and respondent nos. 1 to 6 at the other side by an order dated 20.05.1996 passed by a Bench of this Court. While recording the order of compromise by the aforesaid order dated 20.05.1996, a petition at Flag ‘B’ was also taken up for consideration, wherein it was stated that respondent no. 4 Omprakash, respondent no. 22 Dr. Dwarika Prasad, respondent no. 24 Shri Narendra Prasad, respondent no. 25 Manikchand and respondent no. 29 Smt. Radha Devi are dead and, therefore, their names may be expunged from the array of the parties in the memorandum of Second Appeal. It was further pointed out that the respondent nos. 15 to 21 have attained their majority and they may be treated as major. Prayer made in the petition at Flag ‘B’ was also allowed by the aforesaid order dated 20.05.1996. The present matter has been listed before this Bench in view of the objection raised by the Decree 2 Department of this Court at the time of preparation of decree, in the light of the aforesaid judgment and order dated 20.05.1996. The description of three deceased persons mentioned in the petition at Flag ‘B’ was not correctly stated. From the memorandum of appeal, it appears that deceased Shri Narendra Prasad, Manikchand and Smt. Radha Devi were impleaded as respondent nos. 25, 26 and 30 respectively and they were wrongly described in the petition at Flag ‘B’ as also in the order dated 20.05.1996 as respondent nos. 24, 25 and 29 respectively. The numbering of aforesaid three deceased respondents as respondent nos. 24, 25 and 29 was apparently a typographical error in the petition and consequently, in the order dated 20.05.1996 also, though they should have been described as respondent nos. 25, 26 and 30 respectively. For the reasons recorded above, the judgment and order dated 20.05.1996 passed in the present proceeding is modified to that extent. Let the name of Shri Narendra Prasad (respondent no. 25), Manikchand (respondent no. 26) and Smt. Radha Devi (respondent no. 30) be deleted from the array of the parties in the Second Appeal. In view of the aforesaid modification in the order 3 dated 20.05.1996, the Decree Department of this Court may proceed and prepare the decree in accordance with judgment and order dated 20.05.1996 as modified by this order. Anjani/ ( Birendra Prasad Verma, J )