Jharkhand High Court
Gautam Mishra vs Union Of India Through General on 23 February, 2015
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND, RANCHI
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I.A. No. 5340 of 2014
With
I.A. No. 4960 of 2014
In
Misc. Appeal No. 135 of 2011
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Gautam Mishra, son of Late Hari Prasad Mishra, resident of Vill.
Rajabonspahad, PO Daludih, PS Rajganj, Distt. Dhanbad,
(Jharkhand)... ... ... .. ...Appellant
-- Versus --
Union of India through General Manager, Eastern Railway, PO+ PS+
Dist-Kolkata, West Bengal .... ...Respondent
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CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
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For the Appellant :- M/s. D.K. Singh, M.P. Sinha &
S.K. Burnwal, Advocates
For the Respondent :- Mr. R.N. Roy, Advocate
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(I.A. No. 5340 of 2014)
11/23.02.2015: Present interlocutory application has been filed under Section 5 of the Limitation Act for condonation of delay of 80 days' in filing the substitution petition.
Learned standing counsel for the Railway-Union of India waives service of notice. Accordingly, present interlocutory application is taken up for final disposal.
Heard learned counsel for the applicants as well as learned counsel for the respondent-Union of India and perused the application, which is supported by affidavit.
For the reasons stated in the application, the same is allowed and accordingly, delay in filing the substitution petition is hereby ordered to be condoned.
I.A. No. 5340 of 2014 stands disposed of.
(I.A. No. 4960 of 2014) Present interlocutory application has been filed, inter alia, praying for substitution of the legal heirs and representatives of the deceased appellant, Gautam Mishra, who died during pendency of the appeal, leaving behind his legal heirs and representatives, as mentioned in para-1 of the application. Present application is supported by affidavit as well as death certificate vide Annexure-1.
Heard learned counsel for the appellants as well as respondent-Union of India and perused the application.
Learned counsel for the Railway-Union of India has no objection, if this interlocutory application is allowed.
For the reasons stated in the application, the same is allowed and accordingly, legal heirs and representatives of deceased appellant are ordered to be substituted.
Necessary amendment be carried out in cause title of appeal, accordingly, with red ink.
Learned counsel for the appellant submitted that vakalatnama on behalf of substituted legal heirs and representatives is also filed.
Accordingly, I.A. No. 4960 of 2014 stands disposed of.
(Misc. Appeal No. 135 of 2011) Put up this appeal under the heading "For Admission"
after Holi holidays.
( P.P. Bhatt, J.) S.B.