Smt. Kamala Gangoli & Others vs State Of Jharkhand & Others
2023 Latest Caselaw 870 Jhar

               IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           W. P. (C) No. 2009 of 2010
                                     With
                             I.A. No. 5611 of 2022

                Smt. Kamala Gangoli & Others    ...   ...   Petitioners
                                       Versus
                State of Jharkhand & Others   ...   ...   Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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26/22.02.2023 I.A. No. 5611 of 2022

1. This interlocutory application has been filed seeking substitution of the petitioner No. 5, who is said to have expired during the pendency of this case on 24.09.2013. The details of only son being the legal heir and successor, has been mentioned in paragraph 2 of the interlocutory application. He submits that a fresh power of attorney has been executed by proposed legal heir in favour of the Goutam Kumar Roy. The power of attorney in original has been submitted before the learned Registrar General.

2. Learned counsel for the respondents has no objection to the prayer made for substitution. However, he submits that the legal heir of petitioner No. 5 should be shown to be represented by power of attorney.

3. Considering the aforesaid facts and circumstances, I.A. No. 5611/2022 is hereby allowed.

4. Learned counsel for the petitioners is directed to delete the name of the petitioner No. 5 from the cause title and insert the name of legal heir of petitioner No. 5, whose details has been mentioned in paragraph 2 of the interlocutory application as well as in Vakalatnama and he is to be represented by the power of attorney holder, namely, Goutam Kumar Roy. The necessary correction be carried out in red ink during the course of the day.

5. Post this case under appropriate heading on 06.03.2023.

6. Learned counsel for the parties shall prepare a list of dates, short synopsis of arguments and shall produce a copy of the judgment on which they seek to rely upon by 03.03.2023.

(Anubha Rawat Choudhary, J.) Mukul