Suka Oraon Alias Sukra Oraon & Ors vs Etwa Oraon And Another
2021 Latest Caselaw 4204 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            S. A. No. 173 of 2010

Suka Oraon alias Sukra Oraon & Ors.          ....     .... Appellants
         Versus
Etwa Oraon and another                       ....   ....   Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellants : Mr. J.J. Sanga, Advocate For the Respondents : Mr. S.K. Sharma, Advocate

Oral Order 11 / Dated : 16.11.2021

I.A. No. 1683 of 2020

Heard learned counsel for the appellants in this interlocutory

application which has been filed under Order XXII Rules 1, 2, 3 and 9 and

Order VI, Rule 17 read with Section 151 of C.P.C. for substituting the

legal heirs of deceased appellant no. 6, who is said to have died on

15.11.2019 leaving behind heirs fully described in paragraphs-3 of the

interlocutory application. The substitution application has been filed

within time.

Considering the facts and circumstances, I.A. No. 1683 of 2020 is

allowed and the legal heir of deceased appellant no. 6, as fully described

in paragraph nos. 3 of this application, is substituted in his place.

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

S. A. No. 173 of 2010

Learned counsel for the respondents has submitted that I.A. No. 9236

of 2019 has been filed on behalf of the appellants for substitution of the

legal heirs of deceased appellant nos. 2, 3 and 8 in which an order was

passed by this Court vide order dated 11.10.2019 giving permission to the

appellants to withdraw the said application and file a fresh application.

Said interlocutory application was for substitution of legal heirs of deceased appellant nos. 2, 3 and 8 who had died during the pendency of

the appeal but till date neither any substitution petition nor any application

for abatement has been filed.

Under the circumstances, the appeal has itself abated.

It is further submitted that the lis is with respect to the specific

performance of contract which has been decreed in favour of the

plaintiffs-respondents by two concurrent judgments. Therefore, a right to

sue does not survive in favour of the remaining appellant and therefore, an

appeal has abated as a whole.

I am of the considered view that appeal as a whole has not abated

since the suit was originally filed against Defendant No. 1-Suka Oraon

who for specific agreement of sale and against Dhanu Oraon and Kohna

Oraon for annulment of sale deed in their favour. The present appeal has

been filed by Suka Oraon and the heirs of Dhanu Oraon and Kohna

Oraon. Respondent Nos. 2 and 3 are heirs of Dhanu Oraon and

Respondent No. 8 is the heir of Kohna Oraon. Under these facts the

appeal as a whole will not abate for none substitution of their legal heirs.

Put up this matter after two weeks along with I.A. No. 1024 of 2019

under the heading "For Admission".

(Gautam Kumar Choudhary, J.) AKT