James Lakra vs Paikas Lakra And Ors
2026 Latest Caselaw 2050 Jhar

Jharkhand High Court

James Lakra vs Paikas Lakra And Ors on 17 March, 2026

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                      F.A. No. 272 of 2023
                                              With
                                     I.A. No. 16624 of 2025

                   James Lakra                                    ...      ...       Appellant
                                              Versus
                   Paikas Lakra and Ors.                   ...         ...          Respondents
                                        ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Appellant : Mr. Pradyumna Poddar, Advocate (through Video Conferencing) For the Resp. Nos. 1 to 3 : Mr. Surya Prakash, Advocate

---

10/17.03.2026 Learned counsel for the parties are present.

I.A. No. 16624 of 2025

2. Learned counsel for the appellant submits that this petition has been filed with a prayer to hear the appeal ex-parte against respondent no. 10. He has submitted that it has been recorded in paragraph 7 of the impugned judgment that Helens Lakra was impleaded as defendant no. 7 in the suit vide order dated 27.01.2016, but he did not appear and therefore, the suit proceeded ex-parte. The learned counsel submits that the notices were sent at the given address, but he could not be traced. He has also submitted that since proceeding was ex-parte against respondent no. 10 before the learned court, who was defendant no. 7 there, under such circumstances, the proceeding here be proceeded ex-parte against respondent no. 10.

3. This Court is of the view that if the respondent no. 10 is not being served notice for want of proper address, the appellant is required to take appropriate steps by substituted service of notice upon respondent no. 10.

4. Accordingly, I.A. No. 16624 of 2025 filed for proceeding ex- parte against respondent no. 10 is rejected at this stage.

5. Post this case on 30th March, 2026.

(Anubha Rawat Choudhary, J.) Pankaj