Ayodhya Prasad Mehta & Ors vs Birendra Prasad Mehta & Ors
2023 Latest Caselaw 2450 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         SA No. 278 of 2019

           Ayodhya Prasad Mehta & Ors.
                                               ......           Appellants

                                    Versus

           Birendra Prasad Mehta & Ors.
                                               .........         Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellants : Mr. B.V.Kumar , Adv.

05 / 27.07.2023 I.A. no. 5646 of 2022 Heard.

Learned counsel for the appellant submits that this Interlocutory Application has been filed with a prayer for ignoring the defect pointed out by the Stamp Reporter to the effect that the appellant no. 3- Mostt. Kashi has not been made party in this Second Appeal. It is next submitted that the appellant no. 3- Mostt. Kashi died on 22.01.2019 after the pronouncement of the judgment in Civil Appeal (Title) no. 06 of 2018 on 17.01.2019. It is next submitted that the legal representatives of the deceased appellant no. 3 of the Civil Appeal (Title) no. 06 of 2018, are already parties to the said appeal being the appellant nos. 3(A) to 3(E), who have been impleaded as appellant nos. 9 to 13 of this Second Appeal, hence, it is submitted that the defect pointed out by the Stamp Reporter at sl. no. 5 be ignored.

Considering the aforesaid facts and circumstances of the case, defects pointed out by the Stamp Reporter at sl. no. 5 is ignored This interlocutory application is disposed of accordingly.

(ANIL KUMAR CHOUDHARY, J.) SA No. 278 of 2019 Learned counsel for the appellant submits that appellant will file a supplementary affidavit mentioning therein the date, on which, the certified copy was applied for, the date on which the certified copy became ready and the date on which the certified copy was received by the appellant, within six weeks.

List this appeal after filing of the supplementary affidavit.

If the supplementary affidavit is not filed within six weeks, this second appeal shall stand dismissed without further reference to the Bench.

(ANIL KUMAR CHOUDHARY, J.) Smita/-