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Judgment
Gautam Kumar Choudhary, J
I.A. No. 13817 of 2024
Heard learned counsel for the petitioners in I.A. No. 13817 of 2024, which has been filed under Rule-97 read with Rule-98 of High Court of Jharkhand Rules, 2001 seeking leave of this Court to prefer the instant civil miscellaneous petition in the name of the of legal representatives of the appellant nos. 2, 4 & 5 who had died during the pendency of First Appeal.
It is submitted that out of the original appellants, appellant nos. 2, 4 and 5 died during the pendency of the said first appeal and without substitution, the first appeal was dismissed as abated by the impugned order.
The present petitioners are the heirs and descendants of the original appellants and are necessary party, as they were co-parceners of the joint family for which the suit was brought for partition.
Under the circumstance, the I.A. No. 13817 of 2024 is allowed.
I.A. No. 9734 of 2024
Heard learned counsel for the petitioners in I.A. No. 9734 of 2024, which has been filed for ignoring the defect no. 22 (a), 22 (c) & 15 (d).
A prayer has been made for allowing the leave to proceed in the instant civil miscellaneous petition for restoration of the said First Appeal.
Considering the submission, the leave is accorded and thereby, defect nos. 22 (a), 22 (c) and 15 (d) are ignored for the present.
Accordingly, I.A. No. 9734 of 2024 stands disposed of and office is directed to proceed in the matter for registration of case.
I.A. No. 9645 of 2024
Learned counsel for the petitioners is directed to serve notice in limitation matter on opposite parties, under both processes i.e., registered cover with A/D as well as ordinary process, for which requisites etc. must be filed within two weeks of the order.
Petitioners are at liberty to take dasti/ summons for service on the opposite parties, after the service of dasti/ summons, affidavit to that effect will be filed before this Court.