RANCHI, India, July 13 -- Jharkhand High Court issued the following order on June 23:
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 02 of 2022
With
I.A. No. 2346 of 2023
With
I.A. No. 5698 of 2026
Bhanumati Jain ... ... Appellant
Versus
Premlata Gupta and another ... ... Respondents
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellant : Mr. Harendra Kumar Mahato, Advocate
: Mrs. Ahalya Mahato, Advocate
: Ms. Jyotsna Mahato, Advocate
For the Respondents :
I.A. No. 2346 of 2023
08/23.06.2026
Learned counsel for the appellant has submitted that I.A. No. 2346 of 2023 has been filed for ignoring the defect nos. 2 and 3 in view of the fact that both are related to filing of the Award passed by the learned court but the Award has not been prepared.
2. Considering the submissions, let a report be called for from the concerned court as to whether Award has been prepared or not. If it has been prepared, a copy of the same be forwarded to this Court.
3. I.A. No. 5698 of 2026
4. Learned counsel for the appellant has submitted that the sole appellant has expired on 23.02.2026 and his only son be substituted. Vakalatnama has been annexed with the interlocutory application. Death certificate has already been placed on record. He submits that prayer for substitution has been made within time.
5. Considering the submissions, prayer for substitution of appellant no. 1 is hereby allowed. The learned counsel for the appellant is directed to delete the name of the sole appellant from the cause title and insert the name of his legal heir i.e. son namely Sanjay Kumar Jain in red ink during the course of the day.
6. I.A. No. 5698 of 2026 is hereby allowed.
7. The learned counsel for the appellant is permitted to remove the defect no. 5 during the course of the day.
8. The learned counsel for the appellant has submitted that as per the stamp reporting, the appeal has been filed in time. The office has excluded the Covid period i.e. from 15.03.2020 to 28.02.2022. He submits that in view of the office report on the point of limitation, he does not want to press I.A. No. 99 of 2022.
9. Considering the submissions and the records reveal that the appeal has been filed within time, I.A. No. 99 of 2022 seeking condonation of delay is dismissed as not pressed.
10. Post this case on 14.07.2026.
(Anubha Rawat Choudhary, J.)
Disclaimer: Curated by HT Syndication.