Ganesh Pahan & Ors vs Birsu Pujar & Ors
2023 Latest Caselaw 1544 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No. 638 of 2016
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Ganesh Pahan & Ors. .... .... .... Appellants Versus Birsu Pujar & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Arun Kumar, Advocate For the Respondents : Mr. Sachin Mahato, Advocate

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Order No.07 Dated- 10.04.2023 Heard the parties.

Perusal of the record reveals that notice issued to the respondent no.9 has returned with the report that the respondent no.9 has died since long but no prayer for substitution has been made as yet.

Hence, this appeal abates against the respondent no.9. Perusal of the record further reveals that notice issued to the respondent no.2 has returned with the report that the respondent no.2 has died 10 years ago meaning thereby that he has died during the pendency of Title Appeal No.13 of 2010 before the District Judge-VI, Gumla and the impugned judgment and decree is passed in respect of a dead person.

Learned counsel for the appellants submits that he will file a supplementary affidavit mentioning therein the date of death of respondent no.2.

List this appeal after filing of the said supplementary affidavit. It is made clear that if the said supplementary affidavit is not filed within four weeks, this appeal shall stand dismissed without further reference to the Bench.

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