Kailash Chand Jain And Others vs Uday Lal Sahu @ Uday Kumar Sahu And Others
2025 Latest Caselaw 1519 Jhar

Jharkhand High Court

Kailash Chand Jain And Others vs Uday Lal Sahu @ Uday Kumar Sahu And Others on 4 August, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                      S. A. No. 78 of 1999 (R)

       Kailash Chand Jain and Others          ...     ...     Appellants
                            Versus
       Uday Lal Sahu @ Uday Kumar Sahu and Others
                                          ...       ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Surya Prakash, Advocate For the Respondents : Mr. Ayush Aditya, Advocate

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21/04.08.2025

1. Heard the learned counsel appearing on behalf of the parties.

2. The matter arises out of specific performance of contract.

3. This appeal has been filed against the judgment and decree dated 31.07.1999 (decree signed on 18.08.1999) passed by the learned 2nd Additional District Judge, Hazaribagh whereby Title Appeal No. 27/1988 has been allowed and the judgment and decree passed by the learned trial court dated 11.03.1988 in Title Suit No. 43 of 1981 has been reversed. The learned trial court had decreed the suit and the learned appellate court has reversed the decree.

4. Learned counsel for the appellants has submitted that the appellant No. 1(b) namely Kajodmal Jain has expired on 11.04.2023 during the pendency of this appeal and therefore, this petition has been filed for substitution of appellant No. 1(b) and to set aside the abatement. The details of legal heirs and successors of the aforesaid deceased appellant No. 1(b) has been mentioned in paragraph 3 of the interlocutory application. He has submitted that the death certificate as well as the Vakalatnama on behalf of the proposed legal heirs and successors of the appellant No. 1(b) has been annexed along with the interlocutory application.

5. The learned counsel for the respondents has no serious objection, so far as substitution is concerned.

6. After hearing the learned counsel for the parties, considering the facts and circumstances and also the fact that this second appeal remained pending since 1999 before this Court, I.A. No. 7591 of 2025 seeking substitution is allowed.

7. Learned counsel for the appellants is directed to delete the name of appellant No. 1 (b) from the cause title and insert the name of proposed legal heirs and successors in 'red ink' during the course of the day.

8. The records reveal that the impugned judgment dated 31.07.1999 has been passed after remand by the learned 1st appellate court in the first round vide judgment dated 06.03.1991.

9. The learned counsel for the appellants has also produced the certified copy of the said judgment of remand. He has submitted that the remand to the 1st appellate court was an open remand for consideration of all the issues involved.

10. Learned counsel for the parties have placed the impugned judgments. However, the learned counsel for the appellants submits that the matter may be posted tomorrow i.e. 05.08.2025 for further hearing, so that he may also examine the records of this case.

11. Post this case tomorrow i.e. 05.08.2025 for further hearing to be taken up at 12:00 O'clock.

12. Let this matter be treated as partly heard.

(Anubha Rawat Choudhary, J.) Rakesh/Mukul