Niranjan Mahto And Others vs The Deputy Commissioner
2025 Latest Caselaw 2099 Jhar

Jharkhand High Court

Niranjan Mahto And Others vs The Deputy Commissioner on 29 January, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                First Appeal No. 136 of 2024
                                            with
                                    I.A. No. 236 of 2025

              Niranjan Mahto and others                   ...    ...     Appellants
                                        Versus
              The Deputy Commissioner, Ranchi and others
                                                     ...       ...      Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Vishal Kumar Tiwary, Advocate For the Resp.- State : Mr. Rakesh Ranjan, AC to GA-I For the Resp. Nos. 3 to 7 : Mr. Dhananjay Kumar, Advocate

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05/29.01.2025 Learned counsel for the appellants is present.

2. Learned counsel for the respondents who had filed the caveat, is also present.

3. An interlocutory application being I.A. No. 236 of 2025 has been filed under Order XXII, Rule 3 & 9 read with section 151 of Code of Civil Procedure stating that the original plaintiff no. 4 had expired during the pendency of the suit and legal heirs of deceased plaintiff no. 4 are required to be added as party in the present case. A prayer has also been made in the interlocutory application for setting aside the abatement, if any, due to non-substitution of the deceased plaintiff no. 4.

4. Learned counsel for the appellants has referred to the judgment passed by the Hon'ble Supreme Court reported in (2016) 1 SCC 607 [Banwari Lal (Dead) by Legal Representatives and Another Vs. Balbir Singh]. He has further submitted that since the original plaintiff no. 4 had died while the suit was pending, appropriate order is required to be passed and the trial is to be restored so that the suit proceeds in accordance with law and a fresh judgment and decree is passed.

5. Learned counsel for the respondent nos. 3 to 7 Mr. Dhananjay Kumar prays for some time to file a response to the aforesaid interlocutory application being I.A. No. 236 of 2025. He submits that a copy of the interlocutory application be furnished to him.

6. Learned counsel for the appellants is directed to serve a copy of the interlocutory application along with the judgment they have relied upon to the learned counsel for the respondents by 31st January 2025.

7. Let this matter be posted on 19th February 2025 in the supplementary cause-list.

8. The reply to the interlocutory application be filed latest by 13 th February 2025.

9. In the meantime, let the records be called for from the learned Court concerned.

10. Let this order be communicated to the learned Court concerned through 'FAX'.

(Anubha Rawat Choudhary, J.) Pankaj