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Jharkhand High Court

Prof. S.N.Asthana & Ors vs The Union Of India & Ors on 11 April, 2019

Author: Ananda Sen

Bench: Ananda Sen

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W.P. (S) No. 305 of 2019
             Prof. S.N.Asthana & Ors.....................       Petitioners
                                      Versus
            The Union of India & Ors. ............                    Respondents
                                      ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

            For the Petitioner               : Mr. Sudarshan Srivastava, Advocate
            For the Respondents              : AS to ASGI
                                      ...
            I.A. No. 2670 of 2019

5/11.04.2019         By filing this interlocutory application substitution is being

sought for. It has been submitted that petitioner no. 2 namely Prof. Madan Mohan Mahanty died on 21.02.2019, leaving behind his widow namely, Radha Rani Mahanty, who is legally entitled to receive the family pension.

Considering the prayer made in the interlocutory application, this interlocutory application is allowed. Since the cause of action survives and devolves upon Radha Rani Mahanty, she be made a party in this application in place of deceased petitioner no.2 Prof. Madan Mohan Mahanty, whose name should be struck down from the cause title.

Necessary correction should be carried out by the petitioner in the cause title in course of the day.

I.A. No. 2670 of 2019 stands disposed of.

W.P.S. No. 305 of 2019

By way of last indulgence, two weeks time, as prayed for, is granted to the respondents to file counter affidavit, failing which appropriate cost will be imposed upon the respondents.

List this case after two weeks under the heading for Admission.

(Ananda Sen, J) Mukund/-cp. 2