Laxmi Goswami And Anr vs Bela Rani Goshwami & Anr
2021 Latest Caselaw 4130 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            S. A. No. 161 of 2003

Laxmi Goswami and Anr.                      ....    .... Appellants
          Versus
Bela Rani Goshwami & Anr.                   ....   ....   Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellants : Mr. Jai Prakash Jha, Sr. Advocate For the Respondents : Mr. R.P. Sinha, Advocate

Oral Order 11 / Dated : 01.11.2021

I.A. No. 4651 of 2021

Learned counsel for respondent no. 2-Benoya Goshwami has filed this

interlocutory application under Order I, Rule 10(2) read with Order 22

Rule 4 read with Section 151 of C.P.C. for adding the name of the heirs of

respondent no. 2 on her death as party respondent nos. 2(A) to 2(E) in

place of respondent no. 2 as she died during pendency of present appeal

leaving behind her sons and daughters mentioned in paragraph-1. No

application on behalf of appellants for adding them as party has been

filed. Respondent no. 2 died on 01.02.2017 and the substitution petition

has been filed on 31.08.2021.

Learned counsel appearing for the appellants has raised no objection

in the substitution petition. It is submitted by him that earlier S.A. No. 211

of 2011, which was tagged for hearing along with the present appeal, has

been filed by the heirs of respondent no. 2-Benoya Goshwami who was

protecting the interest in both the cases which was filed against the

impugned judgment in the present case. Later on the said second appeal

was withdrawn.

Considering the submissions and the grounds taken in this

interlocutory application, abatement of appeal against the said deceased respondent is set aside and the substitution petition is allowed after

condoning the delay.

Let the name of legal heirs fully described in paragraph-1 be

substituted in place of deceased respondent no. 2.

Office is directed to make necessary amendment in the cause title.

Since the Vakalatnama on behalf of proposed legal heirs of deceased

respondent no. 2 has been filed, no notice is required to be issued upon

them however the copy of the memo of appeal be served through the

learned advocate appearing on behalf of the respondent.

(Gautam Kumar Choudhary, J.) AKT