United India Insurance Co. Ltd vs Sumtariya Devi & Anr
2025 Latest Caselaw 3146 Jhar

Jharkhand High Court

United India Insurance Co. Ltd vs Sumtariya Devi & Anr on 6 March, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             M. A. No. 398 of 2015
United India Insurance Co. Ltd.              ....   ....    Appellant
                                        Versus
Sumtariya Devi & Anr.                        ...      ....     Respondents
                              With
                    M. A. No. 319 of 2015
Most. Jayanti & Anr.                         ....   ....    Appellants
                                        Versus
Sri Ashok Kumar Ojha & Ors.                  ...      ....     Respondents
                              With
                    M. A. No. 320 of 2015
Sumtariya Devi & Ors.                        ....   ....    Appellants
                                        Versus
Sri Ashok Kumar Ojha & Ors.                  ...      ....     Respondents
                              With
                    M. A. No. 397 of 2015
United India Insurance Co. Ltd.              ....   ....    Appellants
                                        Versus
Most. Jayanti & Ors.                         ...      ....     Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant                 : Mr. Ashutosh Anand, Advocate
                                    Mr. Arvind Kr. Lall, Advocate

For the Respondents             : Mr. Pratiush Lala, Advocate
                                  Mr. Arvind Kr. Lall, Advocate
                                  Mr. Ashutosh Anand, Advocate
                           ------

Order No. 08 / Dated : 06.03.2025.

It is submitted by the learned in M.A. No. 397 of 2015 that certified copy of the judgment passed by the learned Tribunal is annexed with analogous case bearing M.A. No. 398 of 2015 and therefore, the defect no. 2 be ignored in view of the fact that the copy of the impugned judgment has already been filed in analogous case bearing M.A. 398 of 2015, which is being heard along with the M.A. No. 397 of 2015, therefore the defect of furnishing the copy of the judgment is ignored along with the authentication fees to be filed.

Accordingly, defect no. 2 in M.A. No. 397 of 2015 is ignored for the present.

Notices were earlier issued in M.A. No. 398 of 2015 on respondent nos. 5 and 8 and the notices have not been served them and the other respondents had already appeared and filed their vakalatnama.

It is submitted that since the notices have been sent on the available address of respondent nos. 5 and 8 which has been returned unserved. Therefore, permission be granted for effecting substituted service of notice by way of paper publication.

Under the circumstance, the appellant is directed to take steps for substituted service of notice to be published in the local newspaper having wide circulation in the locality of the respondent nos. 5 and 8.

Appellant shall furnish the copy of draft notice in the office within a week and after the same being verified, he will collect the same for its publication and thereafter supplementary affidavit shall be filed enclosing therewith copy of paper publication within four weeks from the date of this order.

Notice be also published in all the analogous cases. List these cases after six weeks.

(Gautam Kumar Choudhary, J.) Pawan/ -