Suka Oraon @ Sukra Oraon Son Of Late ... vs Etwa Oraon Son Of Chamra Oraon @ ...
2022 Latest Caselaw 1473 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                S.A. No.173 of 2010
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1. Suka Oraon @ Sukra Oraon son of Late Gandur Oraon, resident of Nagri Oraon Toli, P.O. Nagri, P.S. Ratu, District- Ranchi, Jharkhand

2. Biglu Oraon, son of Late Konha Oraon, resident of Piska Nagri, P.O. Nagri, P.S. Ratu, District Ranchi, Jharkhand

3. Vijay Oraon son of Late Konha Oraon, resident of Piska Nagri, P.O. Nagri, P.S. Ratu, District Ranchi, Jharkhand 4(a) Anil Tirkey, resident of Village Nagri, Oraon Toli, P.O. Nagri, P.S. Ratu, District Ranchi, Jharkhand

5. Mela Oraon, son of Late Konha Oraon, resident of Piska Nagri, P.O. Nagri, P.S. Ratu, District Ranchi, Jharkhand .... .... .... Appellants Versus

1. Etwa Oraon son of Chamra Oraon @ Chamru Oraon, resident of Nagri Tola Pandu, P.O. Nagri, P.S. Ratu, District, Ranchi, Jharkhand

2. Deputy Commissioner, Ranchi, P.O. G.P.O., P.S. Kotwali, District Ranchi, Jharkhand .... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. J.J. Sanga, Advocate For the Respondents : Mr. Sudhir Kumar Sharma, Advocate

Oral Order 13/ Dated : 11.04.2022

It has been pointed out in the note of Joint Registrar (Judicial) that while preparing decree, it came to the notice that application for substitution under Order XXII, Rule 1, 2, 3 and 9 and Order VI, Rule 17 read with Section 151 of the C.P.C. filed in I.A. No.9236 of 2019 with respect to the following details:-

I.A. No.9236 of 2019 was withdrawn by the appellants with liberty to file substitution petition afresh but no such petition was thereafter filed by the appellants. In view of the non-filing of the substitution petition, the appeal was declared to be abated with respect to appellant nos.2, 3 and 8 vide order dated 16.11.2021. At the same time, it was held that the appeal, as whole, has not abated. Instant Second Appeal was dismissed with cost on 15.02.2022 but inadvertently name of appellant no.2 Murhu Oraon @ Syam Kisun Oraon, appellant no.3-Rupa Oraon @ Ropna Oraon and appellant no.8-Naresh Oraon has been figured in the cause title of memo of appeal.

In this view of the matter, memo of appeal of the judgment is amended by deleting the name of appellant nos.2, 3 and 8.

The decree be prepared accordingly.

This order will form part of the judgment.

(Gautam Kumar Choudhary, J.) Anit