Sushila Devi vs Basant Ram
2022 Latest Caselaw 238 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Misc. Appeal No. 217 of 2006

   Sushila Devi                              ....     .... Appellant
                               Versus
1. Basant Ram
2. (a)Smt. Uttam Devi
   (b)Rina Devi
   (c)Mukesh Ram
   (d)Surendra Prasad Verma
   (e)Chhotu Prasad Verma
   (f)Ranju Devi
   (g)Bina Devi
3. Bimla Devi                               ....    ....   Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant : Mr. BhaiyaVishwajeet Kr., Advocate For the Respondents : Mr. ShashankShekhar, Advocate

Oral Order Dated 03.02.2022

I.A. No. 7279 of 2021 Heard learned counsel for the appellant in I.A. No. 7279 of 2021 which has been filed under Section-5 of the Limitation Act under,Order-1, Rule-10 of the Code of Civil Procedure for condoning the delay of 285 days in filing the instant appeal.

It is submitted that the appeal has been filed against the judgment dated 14.03.2006 passed in Title Suit No. 11 of 1982, passed by the IVth Additional District and Sessions Judge, Palamau at Daltonganj, whereby and where under the suit filed under Section 276 of the Indian Succession Act, 1925, stood dismissed.

On the point of delay it is submitted that the circumstance which resulted in delay, in filing the instant appeal is thatthe proposed respondentwas not conversant with the law and procedureand when the learned counsel tried to contact the respondent then only it came to the knowledge that respondent No. 1 died on 05.02.2021 and due to this the delay had occurred and thatthe delay was not intentional.

After having considered the submissions made on behalf of the party, I find that appellant has sufficiently explained the delay which had occasioned due to non-awareness of the proposed respondents. Under the circumstance the aforesaid Interlocutory Petition for condonation of delay in preferring the instant appeal is allowed.

I.A. No. 7310 of 2021 Heard learned counsel for the appellant in I.A. No. 7310 of 2021 which has been filed under order 1, Rule 10 read with Section 151 of the Code of Civil Procedure for expunging the name of respondent No. 1 from the array of cause title of the memo of appeal, who died on 05.02.2021 and for substitution of the legal heirs and representatives mentioned in para-4 of the Interlocutory Application. I.A. No. 7310 of 2021 is in time. Accordingly, the Interlocutory Application is allowed.

Office is directed to delete the name of respondent No. 1 from the array of cause title of the memo of appeal and enter the name of the substituted heirs of the deceased respondent No. 1in the cause title of the memo of appeal, detailed in para-4 of the Interlocutory Application. Let the case be listed under the appropriate heading.

(Gautam Kumar Choudhary, J.) AKT