Divisional Manager vs Loknath Lenka And Another
2023 Latest Caselaw 1905 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Civil Miscellaneous Appellate Jurisdiction)
                              M.A. No. 307 of 2018
                                      ......

Divisional Manager, The National Insurance Company Ltd. ...... Appellant Versus Loknath Lenka and Another . .......Respondents With M.A. No. 125 of 2019 ......

      Loknath Lenka                                             ...... Appellant
                                Versus

Divisional Manager, The National Insurance Company Ltd. & Anr.. .......Respondents With C.O. No.29 of 2021 America Prasad Sahu ...... Cross Objector Versus Loknath Lenka & Anr. . .......Respondents .....

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ......

For the Appellant(s) : Mr. Pratyush Kumar, Advocate (In M.A. No.307/2018) : Mr. Nikhil Ranjan, Advocate (In M.A. No.125/2019) Mr. Arvind Kumar Lall, Advocate (In C.O. No.29/2021) For the Respondent(s) : Mr. Arvind Kumar Lall, Advocate (In M.A. Nos.307/2018 & 125/2019) : Mr. Pratyush Kumar, Advocate (In M.A. No.125/2019 & C.O. No.29/2021) Mr. Nikhil Ranjan, Advocate (In M.A. No.307/2018)

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The matters are being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that audio and video qualities are good.

19/ Dated: 03/05/2023

Learned counsel for the appellant/Insurance Company, Mr. Pratyush Kumar has submitted, that office has wrongly mentioned in the C.O. No.29 of 2021 that the question of limitation does not arise and thus, the office has completely failed to consider the provisions under Order XLI Rule 22 CPC and referred the judgment passed by the Hon'ble Supreme Court in the case of Mahadev Gobind Gharge and others vs. Special Land Acquisition Officer, reported in 2011 (6) SCC 321.

Learned counsel for the appellant/Insurance Company, Mr. Pratyush Kumar has further submitted, that the owner has already appeared in M.A. No.307 of 2018 on 17.12.2018 and also in M.A. No.125 of 2019 on 18.08.2021, as such, under the provisions of Order XLI Rule 22 CPC as well as the judgment passed by the Hon'ble Supreme Court, 30 days will apply from the date of his

appearance, which office has failed to take notice, as such, a report may be called for.

The Joint Registrar (Judicial) is directed to examine the objection raised by the Insurance Company with respect to C.O. No.29 of 2021 preferred by America Prasad Sahu (owner of the offending vehicle) under Order XLI Rule 22 CPC.

Let a report be submitted by the Joint Registrar (Judicial). Let these matters appear before this Court on 10.05.2023. Let a copy of this order be handed over to the learned Registrar General of this Court.

(Kailash Prasad Deo, J.) R.S./