Lal Pradip Nath Sahdeo vs Lal Ranajn Nath Sahdeo & Ors
2023 Latest Caselaw 3730 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                F.A. No.63 of 2020
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Lal Pradip Nath Sahdeo .... .... .... Appellant(s) Versus Lal Ranajn Nath Sahdeo & Ors. .... .... ....Respondent(s)

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellant : Mr. Ramawatar Choubey, Advocate For the Resp. Nos.1-4 : Mr. Ashok Kumar Singh, Adv. For the Resp. No.5-8 & 10 : Mr. Sachin Kumar, Adv.

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Order No.08 Dated- 05.10.2023 I.A. No.8689 of 2023 Heard learned counsel for the parties.

2. Learned counsel for the appellant has submitted that the instant interlocutory application has been filed with a prayer for deletion of the name of respondent No.5 namely Mosmat Rani Durgawati Devi who died on 05.04.2023 during pendency of the instant first appeal. Learned counsel for the appellant has further submitted that respondent No.5 has left behind her heirs and legal representatives who are already on record in the instant first appeal being respondent Nos.6-15 and respondent Nos.6-15 were already parties at the time of judgment and decree in Title Suit No.31 of 2011 as defendant Nos.6-15. Hence, on the risk of appellant, the name of respondent No.5 may be deleted from the memo appeal of the instant first appeal.

3. Learned counsel for the respondent has not raised any objection against the deletion the name of respondent No.5.

4. Registry is directed to delete the name of respondent No.5 namely Mosmat Rani Durgawati Devi in the cause title of the first appeal with "Red Ink" and mention the word 'dead' against the name of the deceased respondent No.5.

5. In view of the aforesaid facts and circumstances, I.A. No.8689 of 2023 is allowed.

F.A. No.63 of 2020

1. Perusal of the office note reveals that the notice issued to the respondent Nos.13-15 was returned unserved due to incorrect address.

2. Learned counsel for the appellant is directed to file supplementary affidavit mentioning the correct and present addresses of respondent Nos.13-15.

3. Let fresh notice be issued to respondent Nos.13-15 on their present and correct addresses under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks by the appellant.

4. List this appeal after receipt of service report of notice issued to the respondent Nos.13-15.

(Pradeep Kumar Srivastava, J.) Pappu/