Nira Devi @ Nirash Devi vs Pramod Kumar Bhagat
2022 Latest Caselaw 5012 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           S.A. No. 102 of 1992
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1. Nira Devi @ Nirash Devi

2. Bajrang Bhagat

3. Satya Narayan Bhagat

4. Urmila Bhagat @ Urmila Kumari

5. Radha Bala Kumari .... .... .... Appellants Versus Pramod Kumar Bhagat .... .... .... Respondent

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants : Mr. Amar Kumar Sinha, Advocate For the Respondent : Mr. Ayush Aditya, Advocate

Oral Order 61/ Dated : 09.12.2022

It is submitted that an application was filed under Order XXII Rule 3 for substitution of appellant No.1-Ashu Devi, who died on 14.11.1992 with a prayer for substitution of the legal heirs fully detailed in para 1 of the petition. The I.A. was disposed of by order dated 28.01.1993 with an observation that legal heirs were already on record and therefore, the name of Ashu Devi was deleted from the cause title of the memo of appeal. Meaning thereby that substitution petition was not allowed rather the name of deceased-appellant was only deleted from the cause title. In the memo of appeal, the name of Shusila Devi and Babi Devi does not figure in the cause title but has been inadvertently typed in the judgment delivered on 21.09.2022 as appellant Nos.6 & 7.

Under the circumstance, the name of both these appellants namely Shusila Devi and Babi Devi, are deleted from the cause title of the judgment in S.A. No.102 of 1992. The judgment is modified accordingly and this order will form part of the main judgment.

(Gautam Kumar Choudhary, J.) Anit