Kalipada Mahato & Others vs Bijola Domin & Others
2021 Latest Caselaw 3195 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Civil Writ Jurisdiction)
              W.P. (C) No. 6633 of 2004
                       ........

Kalipada Mahato & Others .... ..... Petitioners Versus Bijola Domin & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioners : Mr. Sachidanand Das, Advocate.

For the Respondents              :
                                     ........
10/31.08.2021.

Heard, learned counsel for the petitioners, Mr. Sachidanand Das.

It appears that petitioners have preferred this writ petition for quashing of order dated 15.09.2004, passed by learned Sub-Judge- IV, Dhanbad in Title Suit No. 95/96, whereby the substitution petition for substituting the legal heirs of original defendant no. 1 namely, Fucha Dom, who died leaving behind Bijola Domin (wife), Rama Dom (Kalindi) (son) and Khetu Dom (son), all resident of Village - Dhobni, P.S. - Putki, P.O. - Lalpur, District - Dhanbad have been rejected on the ground that substitution petition has not been filed within time.

Learned counsel for the petitioners, Mr. Sachidanand Das has submitted that it is unfortunate that the suit has been abated on technical ground that substitution petition has not been filed within time and thus, the order dated 15.09.2004 is contrary to the judgment passed by the Apex Court in substitution matters.

Learned counsel for the petitioners has further submitted that for 17 years this writ petition has been pending before this Court because of non-appearance of the respondents and the matter is lingering, but in the meantime, the proposed legal heir of respondent no. 1, Bijola Domin also died and the proposed legal heirs of respondent no. 1 (i), Bijola Domin namely, Rama Dom (Kalindi) and Khetu Dom, are already on record as respondent nos. 1 (ii) & 1(iii), as such, fresh notice may be issued upon them.

Let fresh notice be issued upon the proposed legal heirs of respondent no. 1 (i) namely, Rama Dom (Kalindi) and Khetu Dom,

both sons of Fucha Dom and Bijola Domin, under both process i.e. under registered cover with A/D as well as under ordinary process, for which requisites etc. must be filed within one week.

(Kailash Prasad Deo, J.) Sunil/-