Jharkhand High Court
Nilesh Kumar & Others vs Mrs. Awdhesh Singh (Abated) & Others on 14 October, 2024
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No.454 of 2017
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Nilesh Kumar & Others .... .... .... Appellants
Versus
Mrs. Awdhesh Singh (Abated) & Others
.... .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Appellants : Mr. Shashank Shekhar, Advocate
Ms. Amrita Sinha, Advocate
For the Resp. No.6 : Mr. J. N. Upadhyay, Advocate
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Order No:-08 Dated:-14-10-2024
I.A. No.7965 of 2017
Heard the parties.
Learned counsel for the appellants submits that a supplementary
affidavit has been filed enclosing therewith the proof of the publication of the
substituted service of the notice upon the respondent Nos.2 to 5 in the daily
newspaper 'Hindustan', Jamshedpur Edition dated 17.08.2024, so, the service of
notice upon the respondent Nos.2 to 5 is sufficient.
Learned counsel for the appellants submits that this interlocutory
application has been filed with a prayer to condone the delay of 90 days in
filing the instant appeal. It is next submitted that the appellant was suffering
from illness and was under the treatment in TATA Main Hospital, Jamshedpur
and because of the same he could not immediately take steps for obtaining the
certified copy for filing this appeal, hence, the same resulted in delay in filing
the instant appeal. It is next submitted that the delay caused in filing the instant
appeal is neither deliberate nor intentional. It is then submitted that the
appellants have very good grounds to agitate in this appeal and unless the
delay in filing the instant appeal is condoned, the appellants will be highly
prejudiced. Hence, it is submitted that the delay of 90 days in filing the instant
appeal, be condoned.
Considering the aforesaid facts, the delay of 90 days in filing the instant
appeal is condoned.
This interlocutory application stands allowed.
(Anil Kumar Choudhary, J.)
This appeal will be heard on the following substantial question of law:-
(i) Whether both the courts below have committed a grave illegality by
holding that the suit of the plaintiff/appellant is bad for non-joinder of
necessary party of TISCO Limited in view of the judgment of the co-ordinate
Bench of this Court in the case of Uma Pada Choudhary & Another vs.
Panchanand Choudhary & Others reported in AIR 2006 Jharkhand 82 in
paragraph-8?
Admit.
Call for the lower court records.
Mr. Jitendra Nath Upadhyay-Advocate, receives notice of this appeal on
behalf of the respondent No.6.
Issue notice to the respondent Nos.2 to 5.
The appellants are directed to file requisites for service of notice upon the
respondent Nos.2 to 5 by registered post with A/D as well as under process of
the court 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 upon the
said respondents.
Animesh/ (Anil Kumar Choudhary, J.)
