IN THE HIGH COURT OF JHARKHAND AT RANCHI

S. A. No. 471 of 2003

Jaglal Gope @ Jaglal Mahto & Ors. .... …. Appellants

Versus

Raghu Mahto & Ors. .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellants	: Mr. P.C.Roy, Advocate
For the Respondents	: Mr. Arpit Kumar, Advocate

Oral Order 15 / Dated : 04.01.2022

I.A. No. 2191 of 2012

Heard learned counsel in I.A. No. 2191 of 2012 which has been filed under order 22 Rule 4 of the Code of Civil Procedure for substituting the legal heirs of respondent No. 1 who died on 24.04.2012.

The substitution petition is in time. Accordingly, the Interlocutory Application is allowed.

The office is directed to enter the name of the heirs mentioned in detail in para-2 of the Interlocutory Application in the memo of appeal.

I.A. No. 1631 of 2013

Heard learned counsel in I.A. No. 1631 of 2013 which has been filed for substitution of legal heirs of respondent No. 20 who died on 23.12.2012 whereas Interlocutory Application has been filed on 21.3.2013.

The Interlocutory Application is very much in time, accordingly the office is directed to substitute the name of respondent No. 20 in the cause title of the memo of appeal by the heirs detailed in para-2 of the Interlocutory application.

I.A. No. 5572 of 2015 & I.A. No. 5573 of 2015

Heard learned counsel in I.A. No. 5572 of 2015 and I.A. No. 5573 of 2015 which has been filed under Order 22 Rule 4 read with Rule 9 of the Code of Civil Procedure and Section 5 of the Limitation Act for substitution of the legal heirs of respondent No. 18.

It is submitted that there is delay in filing the substitution petition but the petition for setting aside the abatement arising out of nonsubstitution is very much in time.

Respondent No. 18 Mohan Mahto died on 28.04.2015 and the interlocutory application has been filed on 22.09.2015 i.e. within 150 days. It is further submitted that the delay in filing the petition was not intentional.

Under the circumstances, the abatement is set aside and the substitution petition and the Interlocutory Application for substitution of the legal heirs fully described in para-2 of the Interlocutory Application is allowed.

The office is directed to make necessary entries in the cause title of the memo of appeal.

I.A. No. 6917 of 2017

Heard learned counsel in I.A. No. 6917 of 2017 which has been filed under Order 22 Rule 4 read with Section 151 of the Code of Civil Procedure for substitution of legal heirs of respondent No.79 who died on 26.05.2017.

The Interlocutory Application for substitution is in time, accordingly, it is allowed.

The legal heirs mentioned in the Interlocutory Application be substituted in place of respondent No. 79. The appellant is directed to serve notice on all the substituted heirs by ordinary process within two weeks.

Let the case be listed after six weeks.

D.S. (Gautam Kumar Choudhary, J.)