Jharkhand High Court
Bhim Karan Ram & Ors vs Most.Basmati Devi & Ors on 7 April, 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A No. 152 of 2002
With
I.A Nos.5937/2016 & 5938/2016
Bhim Karan Ram & Ors. ...... Appellants
Versus
Most. Basmanti Devi & Ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : JC to Mr.L.K.Lal, Advocate
For the Respondents : Mr.Arun Kumar, Advocate
28 / Dated : 7
th
April, 2017
Learned counsel seeks permission to carry out correction in the cause title of I.A No.5937/2016 by incorporating correct provision of law.
This interlocutory application (I.A No.5937/2016) has been filed under Order XXII Rule 3 C.P.C read with section 5 of the Limitation Act for substituting the legal heirs and representatives of the appellant no.1 Bhim Karan Ram who died on 30.08.2014 leaving behind two sons as his legal heirs as mentioned in para 2 of the application. It is submitted by learned counsel that the appellants are rustic villagers and on 31.08.2016 when they received a letter from the Advocate informing them that the appeal was ready for hearing and was to be listed before the Bench, the appellant came to consult their counsel on 02.09.2016 and in course of discussion, they disclosed about the death of appellant no.1, whereupon the counsel advised them to file substitution petition after getting the necessary details. That it took sometime to collect the necessary details, whereafter this substitution application was filed. It is submitted that there is no intentional or deliberate laches and if they are not substituted as legal heirs in place of deceased appellant no.1, they shall suffer irreparable loss. It is prayed that the delay in filing the application may be condoned and abatement, if any, set aside.
Learned counsel for the respondents opposed and submitted that there is no reasonable explanation for the delay. Heard. In view of the reasons assigned in the application, the delay is condoned and the abatement, if any, set aside. Let the names of Gobardhan Ram and Budhdeo Ram be substituted in place of the deceased appellant no.1 by carrying out necessary correction in the memo of appeal. I.A No.5937/2016 stands disposed off. Learned counsel submits that he shall file vakalatnama on behalf of the substituted legal heirs of appellant no.1.
I.A No.5938/2016This interlocutory application has been filed under Order XXII Rule 4 C.P.C read with section 5 of the Limitation Act for deleting the name of the respondent no.1 Basmati Devi who died on 15.6.2015 leaving behind the legal heirs, who are already on record as respondent nos.2 and 3 and also for substituting the legal heirs of respondent no.5 Suduma Mishra who died on 3.9.2015 leaving behind three sons as her legal heirs as mentioned in para 4 of the application.
Heard. In view of the submission, the name of respondent no.1 is deleted from the memo of appeal. Considering the reasons assigned in the application, the delay is condoned and the abatement, if any, set aside. Let the names of Adhu Mishra, Churbudi Mishra and Prem Sagar Mishra be substituted in place of the deceased respondent no.5 by carrying out necessary correction in the memo of appeal. I.A No.5938/2016 stands disposed off.
Learned counsel shall file requisites of notice under ordinary process, for service upon the substituted legal heirs of respondent no.5 within two weeks, failing which this memo of appeal shall stand dismissed as against them.
(Amitav K. Gupta, J.) dey