The appellant filed a second appeal against a sole respondent. The court observed that the respondent died before the hearing. Since no petition for substitution of legal representatives was filed, the appeal was held to have abated against the sole respondent.
The second appeal was held to have abated against the sole respondent due to lack of substitution.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Second Appeal (SJ) No. 83 of 2011
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Appellants : Mr. P.K. Choudhary, Adv. For the State : Addl. PP
08 / 05.04.2018 Perusal of the record reveals that report of the process server available in the record shows that the sole respondent died before 04.01.18.
Though learned counsel for the appellant on the last date of listing of the appeal prayed for four weeks to file petition for substitution of the legal representatives of the sole respondent but no prayer for substitution of the legal representatives of the sole respondent has been made.
Hence, this appeal stands abated against the sole respondent.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
1 issue framed by the court
Whether the appeal abates due to the death of the sole respondent without substitution.
First. Rita
Suraj Malakar
Uday Malakar
Yaad Mohammad
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
