Tukan Ram & Ors vs Surendra Kumar & Ors
2023 Latest Caselaw 1985 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No. 134 of 2018
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Tukan Ram & Ors. .... .... .... Appellants Versus Surendra Kumar & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Mahesh Kr. Mahto, Advocate For the Respondents : Mrs. Nivediat Kundu, Advocate

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Order No.06 Dated- 08.05.2023 Heard the parties.

Notice issued to the respondent no. 23 -Bimla Devi has returned with the report that the respondent no.23 has died on 11.07.2007 and the respondent nos. 30, 31, 33 & 36 have also died.

It appears that the impugned judgment and decree has been passed against a dead person being the respondent no. 23 -Bimla Devi.

The appellants are directed to file a supplementary affidavit explaining, why this appeal be not dismissed as the same being filed against the judgment and decree which is a nullity having been passed in respect of a dead person being the deceased respondent no. 23 -Bimla Devi, within six weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

Perusal of the record further reveals that notice has not been validly served upon the respondent nos. 16, 17, 18, 24, 25, 26, 39, 40 & 41.

Issue fresh notice to the respondent nos. 16, 17, 18, 24, 25, 26, 39, 40 & 41 on their present and correct address.

The appellants are directed to file fresh requisites for service of notice on the respondent nos. 16, 17, 18, 24, 25, 26, 39, 40 & 41 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 after receipt of the service report of the notice issued to the respondent nos. 16, 17, 18, 24, 25, 26, 39, 40 & 41.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)