Bulaki Mahto and Ors. Vs the State of Jharkhand through Deputy Commissioner and Anr.

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.416 of 2015

Bulaki Mahto & Others …… Petitioners Versus The State of Jharkhand through the Deputy Commissioner, Koderma …...... Opp. Party

--------- CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA

For the Petitioners : Mr. Arbind Kr. Sinha, Advocate For the Opp. Party : J.C. to S.C.-II

05 / Dated : 3rd May, 2017

The defects, as pointed out by the office, are ignored.

This civil miscellaneous petition has been filed under Order XXII Rule 3 & 9 read with Section 151 and 152 of the Code of Civil Procedure for substitution of legal heir/representative of appellant No.1 namely Bulaki Mahto in F.A. No.485 of 2006 which was disposed off by judgment dated 13.09.2013.

It is submitted that after passing of the judgment appellant No.1 namely Bulaki Mahto in F.A. No.485 of 2006 died leaving behind his widow namely Pachiya Devi as legal heir and representative. It is submitted by the learned counsel that the petitioners are rustic villagers and they are not aware about the technicalities and niceties of the procedural law, hence, they could not file the application within time, hence, prays that delay be condoned and abatement, if any, be set aside and legal heirs/representaitves of deceased appellant No.1 namely Bulaki Mahto in F.A. No.485 of 2006 be substituted.

Heard. In the attending facts and circumstances, let the name of Pachiya Devi be substituted as legal heir/representative of deceased appellant No.1 namely Bulaki Mahto in F.A. No.485 of 2006 and the decree accordingly.

(Amitav K. Gupta, J.)

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NKC

Bulaki Mahto and Ors. v. the State of Jharkhand through Deputy Commissioner and Anr.