Guhi Ram Kamar & Others vs Umapada Kumhar & Others
2023 Latest Caselaw 1420 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 S.A. No.92 of 2020
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Guhi Ram Kamar & Others .... .... .... Appellants Versus Umapada Kumhar & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. N. Pd. Choudhary, Advocate

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Order No.05 Dated- 29/03/2023 I.A. No.2412 of 2021 Heard the learned counsel for the appellants.

2. Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to grant leave to the appellant- Dinu Karmkar to pursue this appeal as appellant No.8 as he is the sole legal heir/representative of the plaintiff/appellant No.1 before the First Appellate Court in Civil Appeal No.19 of 2016 namely Nanda Kamar who died on 21.12.2019 after pronouncement of the judgment on the same day.

3. Considering the aforesaid facts, the prayer of the sole legal representative of the deceased appellant No.1 of Civil Appeal No.19 of 2016 namely Dinu Karmkar is allowed and he is permitted to pursue this appeal as appellant No.8.

4. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) S.A. No.92 of 2020 In view of the order passed today in I.A. No.2412 of 2021, defect Nos.3 and 6 as pointed out by the stamp reporter are ignored.

Issue notice to the respondents in the matter of limitation. The appellants are directed to file fresh requisites for service of notice upon the respondents in the matter of limitation under registered post with A/D as well as under 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 upon the respondents.

Animesh/                                  (Anil Kumar Choudhary, J.)