Deep Narain Mahto & Ors vs Satiya Devi & Ors
2023 Latest Caselaw 4024 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No.65 of 2020
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Deep Narain Mahto & Ors. .... .... .... Appellant(s) Versus Satiya Devi & Ors. .... .... ....Respondent(s)

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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Appellants : Mr. Sanjay Kumar Tiwari, Advocate For the Respondents :

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Order No.06 Dated- 17.10.2023 I.A. No.3955 of 2023 Heard learned counsel for the parties.

2. I.A. No.3955 of 2023 has been filed for ignoring the defect Nos.15, 17 and 19 as pointed out by the office.

3. Learned counsel for the appellants has submitted that so far the defect No.19 with regard to the verification of the name of appellant No.3-Ajay Bihari @ Ajay Bharti and appellant No.4-Manoj Bihari @ Manoj Bharti is concerned, Ajay Bihari and Ajay Bharti is the same person and Manoj Bihari and Manoj Bharti is also the same person.

4. Learned counsel for the appellants has further submitted that so far the defect No.15 i.e., appellant Nos.2 ,3, 10 and 11 mentioned in the certified copy of decree under appeal is not party in the Memo of Appeal, is concerned, the appellant Nos.2 ,3, 10 and 11 of the certified copy of the decree under appeal have already died before the filing Second Appeal No.65 of 2020. Hence, the aforesaid defects pointed out by the office may be ignored.

5. In view of the aforesaid facts, the court is not satisfied with the aforesaid submissions and the appellants are directed to implead the legal heirs/representatives of appellant Nos.2 ,3, 10 and 11 of the certified copy of the decree under appeal in the memo appeal with regards the defect No.15 and appellants are further directed to file fresh vakalatnama on behalf of appellant Nos.3 and 4 in order to remove the defect No.19.

6. It appears that earlier the certified copy of the judgment and decree of both courts below was sent for necessary correction but the same was received with partial correction. Hence, for removing the defect No.17, office is directed to again send the certified copy of the judgment and decree of both the courts below to the courts concerned for making necessary and complete correction.

7. With aforesaid observation, the instant interlocutory application is disposed off.

(Pradeep Kumar Srivastava, J.) Pappu/