Nabi Mian vs Ahilya Devi & Anr
2023 Latest Caselaw 1671 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No. 606 of 2016
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    Nabi Mian                      .... .... .... Appellant
                            Versus
    Ahilya Devi & Anr.             .... .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellants        : None
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     Order No.11 Dated- 19.04.2023
     I.A. No.9924 of 2018

Perusal of the record reveals that this interlocutory application has been filed with a prayer to condone the delay of 99 days in filing this appeal.

It has been averred in the interlocutory application that due to financial crisis and unavoidable circumstances the appellant could not meet his counsel immediately after the passing of the impugned judgment and decree which resulted in delay in filing the second appeal. It has further been averred in the interlocutory application that the appellant has very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay of 99 days in filing this appeal is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay of 99 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 606 of 2016

Perusal of the record reveals that notice issued to the respondent no. 1 in the matter of limitation has returned with the report that the respondent no. 1 has died since long but no prayer for his substitution has been made as yet.

Hence, this appeal abates against the respondent no. 1. Perusal of the record further reveals that notice has validly been served upon the respondent no.2 in the matter of limitation but no one turned up on behalf of the respondent no.2 in-spite of repeated calls.

List this appeal under the heading 'Order XLI Rule 11 CPC' after a week as the last chance.

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