Shiv Kumar Singh vs Manikchand Singh & Ors
2022 Latest Caselaw 2306 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   M.A. No. 596 of 2017
        Shiv Kumar Singh............                             Appellants
                              Versus
        Manikchand Singh & Ors............                  Respondents
                              ......

Coram: Hon'ble Mr. Justice Ananda Sen ......

For the Appellants : Mr. K.K.Ambastha, Advocate For the Respondents : Mr. Gaurav, Advocate ......

I.A. No. 2891 of 2022 9/28.06.2022 By filing this interlocutory application, prayer has been made to substitute the sole appellant namely, Shiv Kumar Singh, who died on 30.07.2021, during pendency of this appeal. It has been submitted he has left behind his widow, two sons and one daughter namely, Shila Devi, Subham Kumar Singh, Saurabh Kumar Singh and Laxmi Kumari, respectively as his legal heirs.

Learned counsel for the appellant submits that though he has prayed for setting aside the abatement and condoning the delay, yet in view of the judgment of the Hon'ble Supreme Court, passed in Misc. Application Nos. 28 & 29 of 2022, extending the period of limitation during COVID-2019, major part of delay needs not be explained. He further submits however, there is some delay in filing this application, which needs to be condoned after setting aside the abatement, if any. He further submits that considering the aforesaid fact, deceased sole appellant be substituted.

Considering the submission of the parties and after going through the records, I find that there is only two months delay in filing this application excluding the period of COVID-2019, as the wife of the deceased was seriously ill. Thus, this interlocutory application is allowed. The delay in filing the substitution petition is hereby condoned and abatement, if any, is set aside. Let the name of deceased sole appellant struck off from the cause title and in his place the name of his legal heirs namely, Shila Devi, Subham Kumar Singh, Saurabh Kumar Singh and Laxmi Kumari be incorporated.

Necessary correction in the cause title of the memo of appeal be carried out by the counsel for the appellant within two weeks from today in 'red ink'.

I.A. No. 2891 of 2022, stands disposed of.

I.A. No. 4969 of 2022 Issue notice to the proposed legal heirs of deceased Respondent No. 5 namely, Sudama Singh, Krishna Singh and Uttam Singh, Gita Devi & Sunita Devi, for which requisite etc. under Ordinary process must be filed within three weeks.

(Ananda Sen, J) Mukund/-cp.2