IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 383 of 2015

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Munshi Mian

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Appellant

Versus

Jainul Abedin & Ors.

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant

: None

For the Respondents : Mr. Manoj Kr. Choubey, Advocate

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Order No.07 Dated- 08.02.2023

I.A. No.2427 of 2017

No one turns up on behalf of the appellant in-spite of repeated

calls.

Perusal of the record reveals that this interlocutory application

has been filed with a prayer to substitute the legal representatives of

the sole deceased appellant– Munshi Mian who died on 01.02.2017

leaving behind his only two legal representatives whose names,

parentage and addresses have been mentioned at paragraph no.1 of

this interlocutory application. It has further been averred that this

interlocutory application with the prayer for substitution was filed on

20.03.2017, hence, the prayer for substitution is within time. It has also

been averred that unless the prayer to substitute the only two legal

representatives of the sole deceased appellant is allowed, the legal

representatives of the sole deceased appellant will be highly

prejudiced.

Considering the aforesaid facts and circumstances of the case,

the prayer to substitute the only two legal representatives of the sole

deceased appellant– Munshi Mian whose names, parentage and

addresses have been mentioned in paragraph -1 of this interlocutory

application as appellant nos. 1 (a) & 1 (b) is allowed.

Mr. Md. Shamim, Advocate and Associates have filed power on

behalf of the appellant nos. 1 (a) & 1 (b).

Registry is directed to incorporate the names, parentage and

addresses of the said appellant nos. 1 (a) & 1 (b) in the cause title of the

appeal memo with red ink and mention the word ‘dead’ against the

name of the sole deceased appellant.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.)

I.A. No.3988 of 2015

No one turns up on behalf of the appellant in-spite of repeated

calls.

Accordingly, this interlocutory application is rejected as not

pressed.

(Anil Kumar Choudhary, J.)

S.A. No. 383 of 2015

The learned counsel for the respondent no.5 submits that the

respondent no.1 has died on 05.03.2020 and the respondent no.3 has

died on 25.06.2020 but no prayer for substitution has been made as yet.

Hence, this appeal abates against the respondent nos. 1 & 3.

Consequent upon dismissal of Interlocutory Application No.

3988 of 2015; this appeal is dismissed being barred by limitation.

Sonu-Gunjan/-

(Anil Kumar Choudhary, J.)