IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 18 of 1994 ( R)
Budhu Gope .......Appellant
Vs.
Sachidanand Singh and others ... .....Respondents
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Appellant : Mr. L.K. Lal
For the Respondents : Mr. Amar Kumar Sinha
Re: I.A. No. 1008 of 2011
15/07.06.2011
: Interlocutory Application No. 1008 of 2011 has been filed
for substitution of legal heirs of sole appellant as sole appellant died
on 19.9.2010. It appears that the present application has been filed
after delay of about three months ten days. In the present petition
prayer is also made for condonation of delay for the reasons stated in
the application.
No rejoinder filed on behalf of respondent challenging the
said ground for condonation of delay.
Under the said circumstance, the delay in filing of
substitution petition is condoned. Consequently the substitution
petition is allowed and the legal heirs of sole appellant, namely, Bharat
Gope and Radhi Devi be substituted as Appellant No. 1(a) and 1(b).
Since both the newly added appellants already appeared,
therefore no notice is required to be served upon them. However, it is
made clear that aforesaid order is subject to the condition that
petitioner pay Rs. 7,500/- to respondent as a cost within four weeks.
( Prashant Kumar,J.)
Sharda/-