Chhotu Kewat @ Chhotan Kewat & Ors vs Ratan Lal Jain & Ors
2022 Latest Caselaw 3550 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         SA No. 26 of 1998 (R)

            Chhotu Kewat @ Chhotan Kewat & Ors.
                                         .........              Appellants
                                  Versus
            Ratan Lal Jain & Ors.        .........              Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellants : Mr. A.K. Sahani ,Adv. For the Respondent s : Mr. Akash Deep , Adv.

20 / 07.09.2022 Heard the parties.

Perusal of the record reveals that the notice issued to the respondents nos. 1, 2, 3, 5, 6, and 7 have returned with the endorsement with they have died since long but no prayer for substitution has been made.

Hence, this appeal abates against the respondents nos. 1, 2, 3, 5, 6, and 7.

Further perusal of the record reveals that the notice issue to the respondent no. 12 has returned with the endorsement that respondent no. 12 has died in the year 1995 either during the pendency of the Title Appeal no. 15 of 1995 before the First Appellate Court or even before filing of that appeal or may be even before filing of that appeal.

Mr. A.K. Sahani, learned counsel for the appellant prays for the time to address the court as to whether the judgment and decree of the appeal, which is impugned in the Second Appeal having been passed against a dead person and if the decree is a nullity having been passed against a dead person, then whether the Second Appeal is maintainable.

Prayer for time is allowed as the last chance. List this appeal after six weeks.

(ANIL KUMAR CHOUDHARY, J.) I.A. No. 6231 of 2022 Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to declare that this appeal abates against the deceased respondent no. 1 who died on 23.07.2014.

Considering the facts and circumstances of the case, since the order has already been passed in this appeal to the effect that the appeal inter alia abates against the respondent no. 1, hence this interlocutory application has become infructuous.

Accordingly, this interlocutory application stands disposed of being infructuous.

(ANIL KUMAR CHOUDHARY, J.)

Smita/-