Uma Shankar Dangaich & Ors. vs Amal Kumar Sarkar & Ors. on 28 January, 2015

[Cites 1, Cited by 1]

Jharkhand High Court

Uma Shankar Dangaich & Ors. vs Amal Kumar Sarkar & Ors. on 28 January, 2015

Bench: P.P. Bhatt

                           .

 IN THE HIGH COURT OF JHARKHAND, RANCHI
                              ---
                        I.A. No.498 of 2013
                              IN
                        S.A. No. 96 of 2005
                              ---
1.Uma Shankar Dangaich
2.Krishna Murari Dangaich
3.Rajendra Dangaich,
       All sons of late Ram Gopal Dangaich.
       All resident of Tundi Road, Giridih, P.O.& P.S. Giridih,
       District, Giridih.
4.Smt. Meena Khandelwal wife of Shri Rattanlal khandelwal, Daughter of
Late Ram Gopal Dangaich, Resident of E-32, C.I.T. Building Singhi
Bagan, Calcutta -700007.
5.Smt. Geena Khandelwal, wife of Shri Shyam Sundar Khandelwal
Daughter of Ram Gopal Dangaich, Resident of Boddom Bazar,
Hazaribagh, P.O.hazaribagh, P.S. Hazaribagh (Sadar) District
Hazaribagh.
6.Smt. Kiran Khandelwal wife of Shri Kamal Kumar Khandelwal,
Daughter of Late Ram Gopal Dangaich, Resident of 39, Baikuntha
Chatterjee Lane, Howrah-700001.
7.Shrimati Renu Khaneelwal wife of Shri Harish Kumar Khandelwal
Daughter of late Ram Gopal Dangaich, Resident of 12/3, Siddheshwari
Talla Lane, Near Kali Babu Bazar, at P.O.& P.S. Howrah, District
-Howrah.
              .........       ........Plaintiffs/Appellants/Appellants
                         -- Versus -
1.Amal Kumar Sarkar
2.Bimal Sarkar
       Both sons of Late Anil Krishna Sarkar,
3.Shrimati RekhaNandi wife of Shri B.K. Nandi
4.Shrimati Reba Dutta wife of Late Debajyoti Dutta
5.Shrimati Roma Bose wife of Ashit Bose
6.Shrimati Ratna Ghosh wife of Dilip Kumar Ghosh no.3,4,5 and 6 all are
daughters of Late Anil Krishna Sarkar
       Serial no.1 Resident of 62/1, Vidhan Sarani, Calcutta- 700006
       Serial No.2 Resident of Bhurkunda Colliery, (N.C.D.C.), P.O.
Bhurkunda, District - Hazaribagh.
7.Sri Raju Pd. Gond: Defendent/Respondent vide order dt. 11.1.13
       Serial no.3 Resident of 1018, Kalindi Housing Street, Calcutta-
700089
       Serial no.4 Resident of 99/5/12/Balligunj, Palace, Calcutta-700019
       Serial no.5, Resident of Deshbandhu Nagar, Baguihati, Calcutta
700059
       Serial no.6, Resident of 53, Vidyatan Sarani, Calcutta.
7.Bijay Sarkar Son of Late Ram Krishna Sarkar, 59/A, town Sen
Road Calcutta 700025
8.Udai Sarkar son of Late Ram Krishna Sarkar, 12/2(A), Bokul Bagan,
P.O. Bokul Bagan Road, Calcutta-700025.
9.Monimala Sarkar wife of Late Pulin Krishna Sarkar, deleted vide order
dt.24.6.2011
10.Rina Bose wife of Kalyan Kumar Bose, Daughter of Pulin Krishna
Sarkar
       Serial No.8 and 9 both resident of Tundi Road, Giridih and
       presently residing at 62/1, Bidhan Sarani Calcutta - 700 006.
                                         .

             11.Sona Devi wife of Subhalal Yadav, Resident of Tundi Road, Giridih,
             P.O.Giridih, P.S. Giridih(T), District Giridih.
             12.Devendra Yadav Son of Ramdhani Yadav, Resident of Barakar P.S.
             Kulti, District- Burdwan, West Bengal.
                                        .......Defendants/Respondents/Respondents
            CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
                                        ---
             For the Appellants :- M/s.R.N.Sahay, Ravi Nandan Sahay, Advocates
             For the Respondents:- M/s.S.K.Ughal, S.K.Samanta, Advocates
                                        ---
             I.A. No.498 of 2013
12/ 28.01.2015

The present application is filed under Order 22 Rule 3 of the Code of Civil Procedure for substitution of the heirs and legal representatives of late Krishna Murari Dangaich -appellant No.2, in the instant Second Appeal, who died due to heart attach at Giridih on 4.12.2012. The particulars of the heirs and legal representatives are stated in paragraph No.3 of the application.

Heard the learned counsel for the appellants and perused the application which is supported by an affidavit.

For the reasons stated in the application, the same is allowed and the heirs and legal representatives of the deceased appellant no.2 are ordered to be substituted.

Necessary amendment be carried out by Red Ink in the Cause title of the Appeal memo within one week.

I.A. No.498 of 2013 stands disposed of.

I.A. No.2975 of 2014

The present application is filed under Order 22 Rule 3 of the Code of Civil Procedure for substitution of the names of heirs and legal representatives of late Uma Shankar Dangaich- appellant no.1 in the instant Second Appeal, who died at Jaipur (Rajasthan) on 18.3.2014 leaving behind heirs and legal representatives as stated in Paragraph no.4 of the application. The present application is supported by an affidavit.

For the reasons stated in the application, the same is allowed. Accordingly, the heirs and legal representatives of the deceased Uma Shankar Dangaich are ordered to be substituted.

Necessary amendment be carried out in the Cause Title of the Appeal memo by Red Ink within one week.

I.A. No.2975 of 2014 stands disposed of.

( P.P. Bhatt, J.) SI/

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