Gaya Ram Mandal & Others vs Chamulal Mandal & Others
2023 Latest Caselaw 362 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No.249 of 2019
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Gaya Ram Mandal & Others .... .... .... Appellants Versus Chamulal Mandal & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Rahul Kr. Gupta, Advocate

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Order No.05 Dated- 19/01/2023 Heard the learned counsel for the appellants. This appeal will be heard on the following substantial questions of law:-

(i) Whether the learned First Appellate Court committed a perversity by not setting aside the judgment and decree passed by the trial court against a dead person being the defendant No.5 of the suit namely Amrit Mandal in view of para-6 of the judgment of Hon'ble Supreme Court of India in the case of Kishun alias Ram Kishun (Dead) Through LRS. Vs. Behari (Dead) By LRS., reported in (2005) 6 SCC 300 ?

Admit.

Call for the lower court records. Issue notice to the respondents.

The appellants are directed to file requisites for service of notice upon the respondents by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this appeal thereafter.

Animesh/ (Anil Kumar Choudhary, J.)