Full Judgment
IN THE HIGH CORT OF JHARKHAND, RANCHI I.A.No. 5314 of 2014 in S.A. No. 4 of 2005 Dharnidhar Ojha and Ors …......................... Appellants -- Versus -- Smt. Gulap Devi and Ors. ................... Respondents. With I.A.No.8281 of2013 I.A.No.8282 of 2013 I.A.No. 8283 of 2013 I.A.No.2399 of 2012 I.A.No.5718 of 2014 in S.A. No.33 of 2005 Satyanarain Tiwary @Satya Narain Tiwary ….....Appellants Versus Smt.Gulap Devi and Others ….................Respondents CORAM :- HON'BLE MR. JUSTICE P.P. BHATT . For the Appellants :- Mr..K.K.Mishra Advocate. For the Respondents :- Mr. A.R.Choudhary,Advocate. (S.A. No. 4 of 2005) For the Appellants :- Mr. L.K.Sahay Advocate For the Respondents :- Mr. A.R. Choudhary Advocate (S.A. No. 33 of 2005) I.A.No. 5314 of 2014 13./04.02.2015 The instant application is filed by the appellants under Order xxii,Rule4 of the Code of Civil Procedure read with section 151 of the Code of Civil Procedure inter alia praying for substitution of the legal heirs and successors of the respondent no.1,Smt.Gulap Devi,who died on 18.9.2014 during pendency of the present appeal leaving behind her husband and five sons, details of which is mentioned in paragraph-3 of the instant application . Heard the learned counsel appearing for the appellants and perused the application which is supported by an affidavit. For the reasons stated in the application, the same is allowed and the legal heirs and successors of the deceased- respondent no.1 is hereby ordered to be substituted in her place. Necessary amendment be carried out in the cause title of the present appeal by the Red Ink within two weeks. The learned counsel shall take instruction and file vakalatnama on behalf of the substituted legal heirs. I.A.No. 5314 of 2014 stands disposed of. S.A. No. 4 of 2005 Put up this appeal along with I.A.No. 4873 of 2014 on 25.2.2015. I.A.No.8281 of2013 The instant application is filed under section 5 of the Limitation Act for condonation of delay of 79 days in filing the substitution petition to substitute the legal heirs of late Gopal Ojha respondent no.5 who died on 28.5.2013 leaving behind four sons and three daughters during pendency of this appeal. Heard the learned counsel appearing for the appellants as well as the respondents. Perused the application which is supported by an affidavit. For the reasons stated in the application, the same is allowed and delay of 79 days in filing the substitution petition to substitute the legal heirs of the deceased-respondent no.5 is ordered to be condoned. I.A.No.8281 of 2012 stands disposed of. I.A.No.8282 of 2013 The instant application is filed by the appellants under order 22 Rule 4 of the Code of Civil Procedure to substitute the legal heirs of the deceased- respondent no.5,Gopal Ojha who died during the pendency of this appeal, details of which are mentioned in paragraph 4 of the instant application. Heard the learned counsel appearing for the appellants as well as the respondents and perused the application which is supported by an affidavit annexing the death certificate of respondent no.5(Annexure-A). For the reasons stated in the application, the same is allowed and legal heirs of the deceased-respondent no.5 is ordered to be substituted in his place. Necessary amendment be carried out in the cause title of the present appeal by Red Ink within two weeks. I.A.No. 8282 of 2013 stands disposed of. I.A.No. 8283 of 2014 The instant application is filed by the appellants under Sub-Rules 5 of Rule 4 of Order XXII of the Code of Civil Procedure interalia praying for setting- aside abatement,if any, in preferring the substitution petition for substituting the legal heirs of Late Gopal Ojha,respondent no.5 who died on 28.5.2013 leaving behind four sons and three daughters. Heard the learned counsel appearing for the appellants as well as respondents. Perused the application which is supported by an affidavit. For the reasons stated above, the same is allowed and the name Late Gopal Ojha,respondent no.5 is ordered to be deleted from the cause title of the present appeal by setting-aside abatement. I.A.No. 8283 of 2014 stands disposed of. I.A.No.2399 of 2012 The instant application is filed by the appellants under order 22 Rule 4 of the Code of Civil Procedure inter alia praying for substituting the legal heirs of the deceased respondent no.2 Kapur Bala Devi who died during pendency of the present appeal leaving behind four sons and two daughters details of which are mentioned in paragraph-4 of the application. Heard the learned counsel appearing for the appellants as well as the respondents. Perused the application which is supported by an affidavit. For the reasons stated in the application, the same is allowed and the name Late Kapur Bala Devi,respondent no.2 is ordered to be deleted from the cause title of the present appeal as well as legal heirs of the deceased-respondent no.2 is ordered to be substituted in her place. Necessary amendment be carried out in the cause title of the present appeal by Red Ink within two weeks. I.A.No. 2399 of 2012 stands disposed of. I.A.No.5718 of 2014 The instant application is filed by the appellants under order 22 Rule 4 of the Code of Civil Procedure inter alia praying for substituting the legal heirs of the deceased-respondent no.1 Smt Gulap Devi who died on 18.9.2014 during pendency of this appeal leaving behind five sons and husband, details of which are mentioned in paragraph-4 of the instant application. Heard the learned counsel appearing for the appellants as well as the respondents. Perused the application which is supported by an affidavit. For the reasons stated in the application, the same is allowed and the name Late Gulap Devi respondent no.1 is ordered to be deleted from the cause title of the present appeal as well as legal heirs of the deceased-respondent no.1 is ordered to be substituted in her place. Necessary amendment be carried out in the cause title of the present appeal by Red Ink within two weeks. The learned counsel appearing for the respondents shall take instruction and file vakalnama on the behalf of the substituted legal heirs. I.A.No.5718 of 2014 stands disposed of. (P.P. BHATT, J.) SD