Lila Devi (Kuer) And Others vs Sunil Kumar Prasad And Ors
2026 Latest Caselaw 42 Jhar

Jharkhand High Court

Lila Devi (Kuer) And Others vs Sunil Kumar Prasad And Ors on 5 January, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                  S.A. No. 233 of 2023
                                          With
                                  I.A. No. 9741 of 2025
                                          With
                                  I.A. No. 9742 of 2025

            Lila Devi (Kuer) and others              ...      ...     Appellants
                                     Versus
            Sunil Kumar Prasad and Ors.          ...      ...       Respondents
                                     ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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            For the Appellants       : Mr. Manoj Kumar (No.2), Advocate
            For the Respondents      :
                                     ---

09/05.01.2026         Learned counsel for the appellants is present.
                I.A. No. 9741 of 2025

2. This interlocutory application has been filed praying for deletion of the name of appellant no. 1 from the cause-title, who is said to have expired on 01.01.2024. It has been stated that the appellant no. 1 expired leaving behind two sons and one daughter who are already party in the present proceedings as appellant nos. 2 to 4. He submits that the name of appellant no. 1 be permitted to be deleted.

3. Considering the submissions, I.A. No. 9741 of 2025 is allowed.

4. Learned counsel for the appellants is directed to delete the name of appellant no. 1 from the cause-title in red ink during the course of the day.

5. This interlocutory application has been filed under Chapter XII, Rule- 96 of High Court of Jharkhand Rules, 2001 and Section 151 of Code of Civil Procedure in connection with two defects i.e., defect nos. 6 and 7 as pointed out vide stamp report dated 17.10.2023. The learned counsel submits that so far as defect no. 6 is concerned, the same has been removed by filing a fresh Vakalatnama on behalf of appellant nos. 2, 5 and 11 to 14.

6. Office to verify.

7. With respect to defect no. 7, the learned counsel for the appellant submits that it has been pointed out that appellant nos. 6 to 9 were not party in the decree under appeal. He submits that Brahmdeo Prasad Agrawal died on 25.06.2023 and the judgment of the 1 st appellate court was pronounced on 05.07.2023. The learned counsel has also referred to page 2 of the appellate court's judgment to say that the date of final hearing of the appeal was 23.06.2023. He submits that after the conclusion of final hearing in appeal, Brahmdeo Prasad Agrawal died just after two days and post his death, within a couple of days the judgment was pronounced by the learned court.

8. Considering the aforesaid submissions, the defect no. 7 is ignored for the present subject to any objection that may be raised by the respondents.

9. I.A. No. 9742 of 2025 is disposed of.

10. Post this case on 12th January, 2026 under appropriate heading.

(Anubha Rawat Choudhary, J.) Pankaj