Rana Gobardhan Sharma vs Dhananjay Sharma & Ors
2024 Latest Caselaw 825 Jhar

Jharkhand High Court

Rana Gobardhan Sharma vs Dhananjay Sharma & Ors on 24 January, 2024

Author: Subhash Chand

Bench: Subhash Chand

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             F.A. No. 163 of 2022

Rana Gobardhan Sharma                               ..... ......   Appellant
                                         Versus
Dhananjay Sharma & Ors.                                  .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. Vishal Kumar, Advocate For the Respondent No.1 : Mr. Anil Kumar, Advocate

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th Order No.05 /Dated: 24 January, 2024 I.A. No.7420 of 2023

1. Learned counsel for the appellant and learned counsel for the respondent No.1 are present.

2. The instant Interlocutory Application has been preferred for extension of time to remove the defects.

3. Learned counsel for the appellant has submitted that in compliance of order dated 24.08.2023, he has filed the supplementary affidavit, in which, he has deposed in regard to the removal of defects as pointed by the Stamp Reporter. It is also submitted that the address of the defendant No.14 has not given in the judgment, for the same, he has filed the certified copy of the plaint, in which, name and address of all the parties including the defendant No.14 is mentioned, as such, the defect may be ignored.

4. In view of the submissions, the defect as indicated by the Stamp Reporter stands removed.

5. Accordingly, I.A. No. 7420 of 2023 is disposed of.

6. The instant Interlocutory Application has been preferred for condonation of delay of 13 days in filing the instant First Appeal against the impugned judgment and decree.

7. The ground is shown in paragraph Nos.5 and 6 of the instant Interlocutory Application.

8. Learned counsel for the respondent No.1 opposed the contentions made by the learned counsel for the appellant.

9. The ground shown in paragraph Nos.5 and 6 of the instant Interlocutory Application is found sufficient and the same is being supported with the affidavit.

10. Accordingly, the delay of 13 days in filing the instant First Appeal is hereby condoned.

11. In consequence thereof, I.A. No.7421 of 2023 is disposed of.

12. It appears from the record that service of notice to respondent Nos.2 to 16 is not found sufficient.

13. Let notice be issued to the respondent Nos.2 to 16 under registered cover with A/D as well as under ordinary process, for which, requisites etc. must be filed by the appellant within two weeks.

14. List this case on 06.03.2024.

(Subhash Chand, J.) Madhav/-