Saroj Kumar Tripathy vs Sujata Tripathy & Others
2023 Latest Caselaw 14648 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CMAPL NO. 395 OF 2023

            Saroj Kumar Tripathy                    ....            Petitioner
                                                   Mr.Kirtan Dang, Advocate
                                        -versus-
            Sujata Tripathy & Others                 ....        Opp. Parties.
                                                                 ------------
                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

Order No.                              15.11.2023
   01.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. This application has been filed for readmission of the second Appeal (S.A. No.152 of 2001), which stood dismissed by order dated 27.01.2023.

3. Heard Mr. Kirtan Dang, learned Counsel for the Petitioner.

4. The present applicant was the Appellant No.2 in the said Appeal and his father was the Appellant No.1. Appellant No.1 having died in the year, 2015 and despite of submission affidavit to that effect by the Respondent No.4 in the Appeal on 06.04.2015 and thereafter information as to the death of Respondent No.2 therein being given, the Petitioner being the Appellant No.2 had not taken any steps for substitution of the legal representatives of those deceased parties.

Now in the present application for readmission, nothing has been stated as regards the substitution of the legal representatives of Appellant No.1 other than the present Petitioner as well as with regard to the legal representatives of deceased Respondent No.2.

// 2 //

5. The Respondent as the Plaintiff had filed the suit. The suit having been dismissed, they had carried the First Appeal. The Appeal had been allowed. Therefore, in view of non-substitution of the legal representatives of Respondent No.2 during the pendency of that Appeal in view of his death in the year 2016, the judgment and decree passed by the First Appellate Court in so far as those legal representatives of Respondent No.2 are concerned, have attained finality.

That being the position when this Court is of the view that even allowing the application for readmission of the Appeal as has been filed, said Appeal would stand dismissed in entirety for the reasons as aforestated; this application for readmission is not entertained.

6. Accordingly, the CMAPL No.395 of 2023 stands dismissed.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 17-Nov-2023 17:00:03