Sanjiv Kumar Mishra @ Lalan Mishra vs Dhiren Chandra Nag & Anr
2022 Latest Caselaw 5075 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      S.A. No. 15 of 2010
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Sanjiv Kumar Mishra @ Lalan Mishra .... .... .... Appellant Versus Dhiren Chandra Nag & Anr. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Niraj Kishore, Advocate For the Respondents : Mr. Manoj Kumar, Advocate : Mr. R.N. Prasad, Advocate

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Order No.10 Dated- 14.12.2022 Heard the parties.

The learned counsel for the respondent no.1- Dhiren Chandra Nag relied upon the death certificate of Dhiren Chandra Nag issued by the Telia Chak Bajar, Panchayat Office, Subdivsion- Dumka, Block Kathikund Dist. Dumka and submits that the sole contesting respondent no.1 who is the landlord has died on 30.07.2018. It is next submitted by the learned counsel for the respondent no.1 that in Execution Case No.8 of 2009 in the court of Sub-Judge-III, Dumka, the appellants are the judgment debtor and substitution of the legal representatives of the only contesting respondent no.1 has been made and the appellants are aware about the same but the appellants have not taken any steps for substitution of the legal representatives of the sole contesting respondent no.1 who is the landlord as yet. Hence, it is submitted that the right to sue of the appellant does not survive and this whole appeal be abated.

Considering the aforesaid facts, this appeal abates.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)