Bandru Mahato vs Hublal Mahato & Another
2023 Latest Caselaw 119 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   S.A. No.156 of 2017
                            ------

    Bandru Mahato                   .... .... .... Appellant
                            Versus
    Hublal Mahato & Another         .... .... .... Respondents
                            ------
CORAM      : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                    ------
     For the Appellants             : Mrs. J. Mazumdar, Advocate
     For the Respondents            : Mr. P. K. Mukhopadhyay, Advocate
                                    ------
     Order No.07 Dated- 05/01/2023

I.A. No.1239 of 2021 with I.A. No.6989 of 2022 Heard the parties.

2. Learned counsel for the appellants submits that I.A. No.1239 of 2021 has been filed with a prayer for substituting the legal representatives of the deceased respondent No.1 namely Hublal Mahto who died on 26.07.2017 leaving behind his only eight legal representatives whose names, parentages and addresses have been mentioned in para-3 of the instant interlocutory application. It is next submitted that I.A. No.6989 of 2022 has been filed with a prayer to modify the date of death of respondent No.1 namely Hubala Mahto as mentioned in para-3 of I.A. No.1239 of 2021 as the same has wrongly been mentioned as 26.07.2017 in place of correct date of death being 26.07.2020. Hence, it is submitted that the date of death of the deceased respondent No.1 namely Hublal Mahto be treated as 26.07.2020. It is further submitted that in view of the judgment of the Hon'ble Supreme Court of India passed in Suo Motu Writ Petition (C) No.03 of 2020 dated 10.01.2022, the period of limitation has been extended and the petition for substitution having been filed on 27.02.2021 is within time. Hence, it is submitted that the prayer for substitution of the legal representatives of the deceased respondent No.1 namely Hublal Mahto, as prayed for, be allowed.

3. Considering the aforesaid facts, the prayer for substitution of the legal representatives of the deceased respondent No.1 namely Hublal Mahto, as prayed for, is allowed.

4. Registry is directed to incorporate the name of only eight legal representatives of the deceased respondent No.1 namely Hublal Mahto whose names, parentages and addresses have been mentioned in para-3 of I.A. No.1239 of 2021 as respondent No.1 (a) to 1 (h) and to mention the word 'Dead' against the name of deceased respondent No.1 namely Hublal Mahto with red ink in the cause title of the appeal memo.

5. These interlocutory applications stand disposed of.

(Anil Kumar Choudhary, J.) S.A. No.156 of 2017 Mr. P. K. Mukhopadhyay- learned counsel submits that he has been instructed by the respondent Nos.1 (a) to 1 (h) to appear in this appeal and undertakes to file Vakalatnama on behalf of respondent Nos.1 (a) to 1 (h).

Learned counsel for the appellants prays for time to advance arguments in the merits of the appeal.

Prayer for time is allowed as the last chance.

List this appeal after eight weeks under the heading 'Hearing.'

Animesh/ (Anil Kumar Choudhary, J.)