Dilip Kumar & Ors vs Naresh Prasad & Ors
2023 Latest Caselaw 3026 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         SA No. 407 of 2018

           Dilip Kumar & Ors.                     ......        Appellants

                                     Versus


           Naresh Prasad & Ors.         .........           Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellant : Mr. Ajay Kr. Pathak , Adv. For the Respondent : Mr. Ashok Kumar , Adv.

08 / 19.08.2023 Heard.

Perusal of the record reveals that the notice issued to the respondent no. 14 in the matter of limitation has returned with the report that respondent no. 14 has died 26 to 27 years ago during pendency of the Title Suit No. 173 of 1992 and even before the filing of Civil (Title) Appeal No. 16 of 2002, hence, the impugned judgment has been passed in respect of a dead person namely Srimati Sharda Devi.

The appellants are directed to file a supplementary affidavit within four weeks, mentioning therein that as to why this appeal shall not be dismissed being not maintainable, having been passed against a dead person, failing which, this appeal shall stand dismissed without further reference to the Bench.

Perusal of the record reveals that the notice issued to the respondent nos. 1 to 10, 12, 15 and 16 has not been validly served.

Issue fresh notice to the respondent nos. 1 to 10, 12, 15 and 16 .

The appellants are directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through ordinary process within six weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to said respondents.

(ANIL KUMAR CHOUDHARY, J.) Smita/-