Chinta Devi vs The State Of Jharkhand & Ors
2023 Latest Caselaw 4253 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              C.M.P. No. 812 of 2023
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     Chinta Devi                  ...                    Petitioner
                              Versus
    The State of Jharkhand & Ors.              ...         Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Ritesh Kumar, Advocate For the State : Mr. Diva Kant Ray, AC to SC Mines-I : Mr. Praveen Akhouri, SC Mines-I

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Order No.04 Dated- 10.11.2023

Heard the parties.

Notice issued to the opposite party nos.2 and 13 in the matter of limitation has returned with the report that they have died since long but no prayer for substitution has been made.

Accordingly, this civil miscellaneous petition abates in respect of opposite party nos.2 and 13.

Notice issued to the opposite party no. 17 in the matter of limitation has returned with the report that he has died about 30 years ago.

The petitioner is directed to file a supplementary affidavit as to why both the civil miscellaneous petition and the second appeal having been filed against a dead person and the impugned judgment of the 2nd appeal having been passed against a dead person; makes the impugned judgment and decree a nullity. Hence, the second appeal as well as the civil miscellaneous petition is not maintainable.

List this case after filing of the supplementary affidavit. If the supplementary affidavit is not filed within five weeks, this civil miscellaneous petition shall stand dismissed without further reference to the Bench.

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