Tapan Ghosh vs Lakhi Ghosh

I.A. No. 6410/2017

Petitioners seek deletion of the name of Respondent No. 5(b)-John Lakra, S/o Late Polus Oraon from the array of Respondents in the First Appeal No. 89/2009 as the said substituted Respondent of the original awardee Polus Oraon died during the pendency of the appeal on 31.03.2015 as issueless. Certificate of his death issued by the RIMS authorities have been referred to in para-2 of the instant I.A., copy of which has also been produced during the course of hearing and taken on record.

Learned counsel for the petitioners submits that the original awardee Polus Oraon was substituted during the pendency of the appeal by his legal heirs i.e. Grace Lakra, his widow and four sons including John Lakra. Since the Respondent John Lakra died during the pendency of the appeal and could not be substituted and the said information could not be brought on record during the pendency of the appeal before the Appellate Court, the name of the Respondent needs to be deleted from the impugned judgment and decree prepared thereunder. Remaining substituted heirs of the original awardee being the widow and three sons are already on record. Therefore, such prayer may be allowed under the inherent powers of this Court under section 151 of the Civil Procedure Code.

Learned ASGI for the opposite party Union of India does not object to the prayer.

Accordingly, the instant prayer is allowed. I.A. No. 6410/2017 stands disposed of accordingly.

I.A. No. 6411/2017

This I.A. has been preferred seeking substitution of the Respondent No. 18 Nathanial Tigga in the impugned judgment passed in the First Appeal No. 89/2009 and decree prepared thereunder as Nathanial Tigga, S/o Gabrial Oraon died on 14.06.2014 died during the pendency of the appeal. 6. According to the statements made in the instant I.A., Nathanial Tigga has wrongly been described as wife of Late Gabrial Oraon in the judgment, though he is the son of Gabrial Oraon who left behind five major sons named at Para-2 therein, death certificate of the said person Nathanial Tigga bearing no. 788491 has been produced and taken on record, which shows the date of death as 14.06.2014 and that he was a male. His father''s name is shown as Gabrial Oraon. Substitution of the said Respondent No. 18 in the First Appeal No. 89/2009 and also in the decree prepared thereunder is being sought through the instant I.A. invoking the provisions of Section 151 of the Civil Procedure Code in the aforesaid circumstances under the inherent powers of the Court.

Learned ASGI for the opposite party Union of India, on being satisfied with the submissions and the averments made, does not oppose the prayer. Accordingly, the instant prayer is also allowed. I.A. No. 6411/2017 stands disposed of. I.A. No. 6422/2017

This I.A. has been preferred by the petitioners to add the name of the Respondent No. 31-Ram Kishun Teli, S/o Bhupat Nath Mahto, a party in the First Appeal No. 89/2009 and decree prepared thereunder, in the present Civil Miscellaneous Petition as his name has inadvertently been left out.

Having considered the instant prayer and the submissions of the parties, the same appears to be typographical error in the description of the party and therefore, addition of Respondent No. 31-Ram Kishun Teli, S/o Bhupat Nath Mahto is allowed in the array of the petitioners. Let such addition be carried out by the petitioners in the array of parties in course of the day. Instant I.A. also stands disposed of.

C.M.P. No. 220/2017

Learned ASGI however seeks time to offer response to the prayer made in the main petition where certain corrections have been sought for in the judgment dated 05.08.2016 passed in First Appeal No. 89/2009 and the decree prepared thereunder.

Accordingly, as prayed for, six weeks time is allowed. Correction permitted by the instant order, as prayed for in I.A. Nos. 6410/2017 and 6411/2017 would be carried out only after disposal of the present petition in the judgment and decree.