[Cites 0, Cited by 0]
Jharkhand High Court
Balpan Mahto vs Vijay Mahto on 6 February, 2026
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 524 of 2017
1.Balpan Mahto
2.Biran Mahto ... ... Appellants
Versus
1. Vijay Mahto
2. Manbahal Mahto ... ... Respondents
---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Appellants : Mr. D.K. Chakraverty, Advocate
For the Respondents : Mr. Avishek Prasad, Advocate
: Mr. Rajendra Pd. Gupta, Advocate
: Mr. Sanjana Kumari, Advocate
---
15/06.02.2026 I.A. No. 10286 of 2024 has been filed for substitution of
deceased appellant no. 1 and 2 who are said to have expired on
08.07.2019 and 20.12.2020 respectively. Another I.A. No. 15148 of
2025 has been filed stating that one of the proposed legal heirs of
appellant no. 1 i.e. 1(a) namely Shyam Sundar Mahto has also expired
on 26.03.2025 and the names of his legal heirs and successors have
also been mentioned in the interlocutory application. The learned
counsel has also submitted that prayer has also been made for
condonation of delay in filing the substitution petition and also for
setting aside abatement.
2. The learned counsel for the respondents has vehemently
opposed the prayer and has submitted that there is enormous delay in
fling the substitution petition.
3. To this the learned counsel for the appellants has submitted that
the matter was listed for the first time in Bench on 29.06.2020 wherein
a direction was issued to the registry to send the impugned order to the
court concerned for removing defect no. 1 and then the matter was
listed after a long gap on 05.08.2025. The learned counsel submits that
under such circumstances, the petition for substitution could not be
filed. He has also submitted that valuable right of the appellants is
involved in the present case so the prayer for substitution may be
allowed.
4. After hearing the learned counsel for the parties and
considering the aforesaid fact that the matter has remained pending
since 2017 and it was listed for the first time before the Bench on
29.06.2020 for the aforesaid purpose and thereafter it was listed only
on 05.08.2025, this court is inclined to allow the prayer for
substitution after condonation of delay in filing the substitution and
setting aside abatement.
5. The learned counsel for the appellants is directed to delete the
name of appellant nos. 1 and 2 from the cause title and insert the name
of legal heirs and successors of appellant nos. 1 and 2 and also insert
the names of the proposed legal heirs and successors of appellant no.
1(a) whose details has been mentioned in I.A. No. 15148 of 2025 read
with I.A. No. 10286 of 2024 in red ink within a period of one week
from today.
6. I.A. No. 10286 of 2024 and I.A. No. 15148 of 2025 are
accordingly allowed.
7. Post this case 27.02.2026 for hearing on I.A. No. 2543 of 2025
seeking condonation of delay in filing the second appeal.
8. In the meantime, it will be opened to the appellants to file a
rejoinder to the interlocutory application seeking condonation of
delay.
9. Considering the contours of the case as submitted by learned
counsel for the parties, let the records be called for from the concerned
courts.
10. Let this order be communicated to the concerned courts through
FAX.
(Anubha Rawat Choudhary, J.)
Binit
