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Jharkhand High Court
Mhd. Ishaque Ali And Ors vs The State Through D.C. Dumka And Ors on 6 April, 2026
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 556 of 2004
With
I.A. No. 2960 of 2013
With
I.A. No. 2961 of 2013
With
I.A. No. 3921 of 2025
Mhd. Ishaque Ali and Ors. ... ... Appellants
Versus
The State through D.C. Dumka and Ors.
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellants : Mr. Praveen Shankar Prasad, Advocate
: Md. Faiyaj Alam, Advocate
For Private Respondents : Ms. Mridula Thakur, Advocate
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17/06.04.2026 Learned counsel for the appellants and private respondents are
present.
I.A. No. 2960 of 2013, I.A. No. 2961 of 2013 and I.A. No. 3921 of
2. Learned counsel for the appellants has submitted that I.A. No.
2960 of 2013 has been filed for substitution of appellant no. 1 and
respondent nos. 4 and 5. He submits that the appellant no. 1 has
expired on 13.11.2010, respondent no. 4 has expired on 18.03.2008
and respondent no. 5 has expired on 14.11.2010.
3. The learned counsel has submitted that petitions for setting
aside abatement and for condonation of delay have been filed through
I.A. No. 3921 of 2025 and I.A. No. 2961 of 2013 respectively. He
further submits that there is delay of 625 days in filing the substitution
petition with respect to appellant no. 1 and with respect to respondent
nos. 4 and 5, there is delay of 1651 days and 624 days respectively in
filing the petition for substitution.
4. Learned counsel for the appellants has further submitted that so
far as the legal heirs and successors of appellant no.1 are concerned,
he has already filed Vakalatnama on their behalf.
5. Notices were issued upon proposed legal heirs and successors
of respondent nos. 4 and 5. The learned counsel for the appellants
submits that considering the office note, the notices be accepted as
validly served, inasmuch as, the respondent nos. 4(a), 4(b), 4(c), 4(d),
5, 5 (a), 5(b), 5(d) and 5(e) have been received by themselves and so
far as respondent no. 5(c) is concerned, the notice upon respondent no.
5(c) has been received by respondent no. 5(a) who is admittedly his
close relative.
6. Learned counsel for the private respondents has submitted that
she has no instructions from the proposed legal heirs and successors of
respondent nos. 4 and 5.
7. Considering the office note, the notice upon proposed legal
heirs and successors of respondent no. 4 and respondent no. 5 is
accepted as validly served.
8. To this, learned counsel for the appellants has submitted that
the matter has remained pending before this Court since the year, 2004
and in the meantime, the appellant no. 1 and respondent nos. 4 & 5
have expired. He submits that prayer for substitution be allowed after
condoning the delay in filing the petition for substitution and also
setting aside the abatement.
9. This Court finds that this appeal has remained pending before
this Court since 2004 and it was admitted for final hearing vide order
dated 07.05.2009 and earlier, petition seeking substitution of appellant
nos. 1, 4 and 5 was filed through I.A. No. 2248 of 2012 and another
interlocutory application being I.A. No. 3258 of 2012 was also filed.
However, those interlocutory applications were permitted to be
withdrawn with permission to file fresh one vide order dated
03.05.2013 and thereafter, the present interlocutory application being
I.A. No. 2960 of 2013 for substitution of appellant no. 1 and
respondent nos. 4 & 5 and other two interlocutory applications seeking
condonation of delay and setting-aside abatement have also been filed.
10. Being satisfied with the cause shown as mentioned in the
interlocutory applications, the prayer seeking condonation of delay in
filing the substitution petition is allowed. The prayer for setting-aside
abatement is also allowed. The prayer for substitution of appellant
nos. 1 and respondent nos. 4 & 5 is allowed.
11. Learned counsel for the appellants is directed to delete the
names of appellant no.1 and respondent nos. 4 & 5 from the cause-title
and insert the names of their legal heirs and successors in red ink
within a period of one week from today.
12. I.A. No. 2960 of 2013, I.A. No. 2961 of 2013 and I.A. No. 3921
of 2025 are accordingly allowed.
13. Post this case on 15th April, 2026 under the heading "For Final
Disposal".
(Anubha Rawat Choudhary, J.)
Pankaj
