Modnath Sah And Others vs The State Of Jharkhand And Others
2026 Latest Caselaw 3136 Jhar

Jharkhand High Court

Modnath Sah And Others vs The State Of Jharkhand And Others on 16 April, 2026

Author: Ananda Sen

Bench: Ananda Sen

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            WP(C) No.5410 of 2022
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             Modnath Sah and Others                      ... Petitioner(s).
                                 Versus
             The State of Jharkhand and Others          ... Respondent(s).

             CORAM      :      SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Manoj Kumar Sah, Advocate For the State : Mr. Ankit Kumar, AC to SC-I .........

09 /16.04.2026: I.A. No. 15775 of 2025 and I.A. No. 15776 of 2025 In I.A. No. 15775 of 2025, it has been stated that the petitioner no. 7, namely, Chata Lal Sah @ Chhath Lal Sah, died on 10.08.2025, thus substitution is necessary.

2. In I.A. No. 15776 of 2025, it has been stated that the respondent no. 5-Manoj Sah, respondent no. 8-Mahadeo Sah and respondent no. 10-Naresh Sah have died, thus their substitution is necessary.

3. The names of the legal heirs and successors of petitioner no. 7 as mentioned in I.A. No. 15775 of 2025, are as follows:

7(i) Punam Devi 7(ii) Bikash Sah 7(iii) Ritu Devi

4. The names of the legal heirs and successors of respondent nos. 5, 8 and 10 as mentioned in I.A. No. 15776, are as follows:

Legal heirs and successors of respondent no. 5:-

5(i) Most. Asha Devi 5(ii) Vikki Kumar Sah 5(iii) Karan Kumar Legal heirs and successor of respondent no.8:- 8(i) Most. Shanti Devi 8(ii) Pramod Kumar Sah 8(iii) Birbal Kumar Gupta 8(iv) Mithlesh Kumar Gupta

Legal heirs and successors of respondent no. 10:- 10(i) Most. Tara Devi 10(ii) Most. Runa Devi 10(iii) Dilip Sah 10(iv) Jitendra Sah

5. Learned counsel for the respondents does not opposes the substitution.

6. After hearing the parties, I find that the right to sue and cause of action survives and devolve upon the legal heirs, thus, petitioner no. 7 and respondent nos. 5, 8 and 10 needs to be substituted.

7. Consequently, the name of the petitioner no. 7 and respondent nos. 5, 8 and 10 be deleted from the cause-title and in place of petitioner no. 7 and respondent nos. 5, 8 and 10, the names of their legal heirs and successors as mentioned above, be substituted.

8. Let necessary correction in the cause-title in red ink be permitted to be carried out by learned counsel for the petitioner during course of the day. A typed copy of fresh amended cause title page should also be filed within two weeks

9. Accordingly, these interlocutory applications are allowed.

10. Issue notice to the newly added respondents through both process i.e. under speed post as well as by ordinary process for which requisite etc. must be filed within two weeks.

(ANANDA SEN, J.) 16.04.2026 Tanuj/CP-2