Most Ugni Vs the State of Jharkhand through the Deputy Commissioner and Anr.

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.417 of 2015

Most Ugni Devi @ Ugani Devi …… Petitioner Versus The State of Jharkhand through the Deputy Commissioner, Koderma …...... Opp. Party

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

For the Petitioner : 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 heirs/representatives of appellant namely Most. Ugni in F.A. No.800 of 2006 which was disposed off by judgment dated 13.09.2013.

It is submitted that after passing of the judgment appellant namely Most Ugni in F.A. No.800 of 2006 died leaving behind her sons namely Baleshwar Kumhar, Sukhdeo Kumhar and Bhagirath Pandit as legal heirs and representatives. It is submitted by the learned counsel that the petitioner is rustic villager and he is not aware about the technicalities and niceties of the procedural law, hence, he 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 Most. Ugni in F.A. No.800 of 2006 be substituted.

Heard. In the attending facts and circumstances, let the names of Baleshwar Kumhar, Sukhdeo Kumhar and Bhagirath Pandit be substituted as legal heirs/representatives of deceased appellant namely Most. Ugni in F.A. No.800 of 2006 and the decree accordingly.

(Amitav K. Gupta, J.)

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NKC

Most Ugni v. the State of Jharkhand through the Deputy Commissioner and Anr.