Saroj Devi Alias Saroj Devi Sharma Vs Raj Kumar Singhania — Jharkhand HC (2025) — LawSathi Research

Saroj Devi Alias Saroj Devi Sharma Vs Raj Kumar Singhania — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the learned trial Court to dispose of the petitioner's review application (Civil Misc. Case No.4 of 2024) within eight weeks after receipt of the order; pending Interlocutory Application, if any, disposed of.

Issue for consideration

Whether the learned trial Court should be directed to dispose of the petitioner's review application (Civil Misc. Case No.4 of 2024) pending against the dismissal of the Testamentary Suit, expeditiously.

Court's answer

This Court directed the learned trial Court to dispose of the petitioner's review application within eight weeks after receipt of the order.

Ratio / Principle

The Civil Miscellaneous Petition was disposed of, together with any pending Interlocutory Application.

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi — C.M.P. No. 827 of 2025 — Order No.02 dated 11.09.2025 — Coram: Hon'ble Mr. Justice Gautam Kumar Choudhary — Saroj Devi @ Saroj Devi Sharma (petitioner, daughter of Late Sita Ram Sharma, represented by Mr. Prashant Pallav and Ms. Shivani Jaluka, Advocates) v. Raj Kumar Singhania (opposite party). Background: the petitioner's father was impleaded as an opposite party in Original (Title) Suit No.2/2022, instituted for grant of Letter of Administration of a WILL dated 11th October, 1991; he died during pendency on 7th April, 2013, an information petition of his death was filed by his counsel, but no substitution of the petitioner was made; the suit came to be dismissed for non-prosecution, allegedly through collusion of the applicant/plaintiff with other parties. The petitioner thereafter filed a review application against the dismissal order, registered as Civil Misc. Case No.4 of 2024, pending before the learned trial Court. Seeking only expeditious disposal of that review application, the petitioner obtained this Court's direction that the trial Court dispose of the review application within eight weeks after receipt of the order; the Civil Miscellaneous Petition, and any pending Interlocutory Application, were accordingly disposed of. No statutory provision or precedent case is cited in the judgment.

2025:JHHC:27813

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 827 of 2025

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Saroj Devi @ Saroj Devi Sharma, daughter of Late Sita Ram Sharma, wife of Binod Sharma, aged about 54 years, resident of Sita Kutir, Bhadani Medical Complex, Gaya, P.O. & P.S. Gaya, District Gaya .... .... …. Petitioner

Versus

Raj Kumar Singhania, son of Late Shri Niwas Singhania, resident of Laxmi Traders, Laxmi Bazar, P.O. & P.S. Deoghar, District Deoghar

.... .... .... Opposite Party

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner : Mr. Prashant Pallav, Advocate Ms. Shivani Jaluka, Advocate : For the Opp. Parties

Order No.02 / Dated : 11.09.2025

Petitioner is the daughter of Late Sita Ram Sharma, who was impleaded as one of the opposite parties in the Original (Title) Suit No.2/2022 which was filed for grant of Letter of Administration of WILL dated 11^th October, 1991.

The brief facts leading to the present civil miscellaneous petition is that one of the beneficiaries had instituted the suit for grant of Letter of Administration and the father of the petitioner was impleaded as the opposite party, who died during pendency of the suit on 7^th April, 2013. The information petition was given regarding the death by the learned counsel appearing on behalf of Late Sita Ram Sharma, but no step was taken for substitution of the present petitioner i.e. Saroj Devi, who is daughter of Late Sita Ram Sharma.

It is contended that applicant/plaintiff in the Testamentary Suit colluded with other parties and deliberately got the suit dismissed for non- prosecution so as to defeat the rightful claim of this petitioner, who is legal heir and descendent of Late Sita Ram Sharma.

Having come to know about this, the petitioner filed the review application to the order of dismissal of the suit, which has been registered as Civil Misc. Case No.4 of 2024.

For the present, the petitioner only seeks the expeditious disposal of her review application which is pending before the learned trial Court. In this view of matter, the learned trial Court is directed to dispose of the review application within eight weeks after receipt of the order.

Civil Miscellaneous Petition accordingly, disposed of. Pending Interlocutory Application, if any, is disposed of.

(Gautam Kumar Choudhary, J . )

Anit