Dhanusdhari Gupta vs Ajay Kumar
2025 Latest Caselaw 2392 Chatt

Chattisgarh High Court

Dhanusdhari Gupta vs Ajay Kumar on 10 March, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR

                           FA No. 176 of 2024


             DHANUSDHARI GUPTA versus AJAY KUMAR


                               Order Sheet




10/03/2025          Mr. Uttam Pandey, counsel for the appellant.
                    Mr. Santosh Soni, G.A. for the State/respondent No.5.

Heard on I.A. No.01/2025, application for explanation regarding death of respondent No.2.

Learned counsel for the appellant would submit that during the course of trial, original defendant No.2 namely; Komal Prajapati died, therefore, after permission of the Court, his son Anand Prajapati was incorporated as legal representative of Komal Prajapati. Such incorporation was made on 05.08.2021 but it seems that since alleged incorporation was not made so prominently, rather, it seems to be confusing, therefore, in the impugned judgment and decree, name of original defendant No.2 Komal Prajapati was mentioned and on this count, his name was also mentioned in memo of appeal as per the title of parties stated in the impugned judgment.

On due consideration and having perused the record, contention made by learned counsel in aforesaid application

seems to be correct.

Since original defendant No.2- Komal Prajapati has already died, therefore, counsel for the appellant may file appropriate application incorporating the name of his son Anand Prajapati as was amended in civil suit before the concerned trial Court.

List the case in the next week.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Rukhsar

Digitally signed by RUKHSAR RUKHSAR BANO BANO Date:

2025.03.10 16:13:08 +0530