Smt. Shanti Devi And Anr vs Sheo Prasad Sahu And Others
2021 Latest Caselaw 4961 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Second Appeal No. 80 of 2010

Smt. Shanti Devi and Anr.                                  .....    Appellants
                        Versus
Sheo Prasad Sahu and others
                                                            ......... Respondents
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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellants : Mr. Rishi Pallav, Advocate For the Respondent Nos. 1 to 4 : Mr. Binod Kumar Dubey, Advocate

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6 / 21.12.2021 It is submitted by learned counsel appearing on behalf of the appellants that notice earlier has been issued to respondent Nos.5 to 7 but the same could not be served because of want of address and they were not found on the address given in the judgment and decree of the learned court below.

It is further submitted that this appeal is arising out of a suit for declaration of the gift deed to be valid and respondent Nos. 5 and 6 were not necessary party in the court below and therefore they were made proforma respondents/defendants and the suit proceeded ex-parte against them.

In view of the fact that since no relief has been prayed on behalf of respondent Nos. 5 to 7 therefore, there is no requirement to serve notice on them and the service of notice be dispensed with.

It is further submitted that these respondents have not appeared in title suit and the appellate stage also the appeal was declared to be ex- parte against them.

Learned counsel on behalf of respondent Nos. 1 to 4 submits that since there is no relief as claimed against these respondents therefore necessary order may be passed.

In view of submissions of the counsels and considering the fact that respondent Nos. 5 to 7 had not contested the suit either at the trial court or at the appellate stage and ex-parte proceeding had been drawn against them therefore no useful purpose will be served by issuance of notice against these respondents, accordingly, the requirement of service of notice on proforma respondent Nos. 5 to 7 is dispensed with.

Let the lower court record be called for from the court concerned. On prayer of the parties list this case on 14.02.2022 under appropriate heading.

(GAUTAM KUMAR CHOUDHARY, J.) Tarun