✦ Jharkhand High Court

Kusumbi Orain v. The State of Jharkhand & Ors.

JHARKHAND AT RANCHI C.M.P No. 636 of 2018C SRI ANANDA SEN

Case at a glance

Outcome

Allowed

Keeping in view of the aforesaid fact, this petition is allowed

Judgment

Operative part

CORAM: SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J. --------- For the Petitioner(s): Mr. Rajesh Kumar, Advocate For the Opp. Party(s) Ms. Sunita Kumari, AC to Sr. SC-II. --------- ... Petitioner ... Opp. Parties. 3/21.12.2023: I.A. No. 11491 of 2023. This interlocutory application has been filed for substitution of legal heirs of petitioner- Kusumbi Orain, who died on 18.10.2023, leaving behind her legal heirs as Vishwa Oraon and Sukro Kumari. In view of the submission and the statements made in this application, the same is allowed. Let Vishwa Oraon and Sukro Kumari be substituted as petitioners- appellants in place of original petitioner-appellant, namely, Kusumbi Orain. Let necessary correction be carried out in red ink. C.M.P. No. 636 of 2018 This Civil Misc. Petition has been filed for restoration of L.P.A. No. 110 of 2007 to its original file, which stood dismissed for default on 28.11.2018. Learned counsel for the petitioners would submit that since his name did not appear in the cause list, he could not know about the listing of this case and when this case was called for, he could not appear in this case. Keeping in view of the aforesaid fact, this petition is allowed. Order dated 28.11.2018 is recalled. Consequently, L.P.A. No. 110 of 2007 is restored to its original file. List the appeal before appropriate Bench as per roster. Vakalatnama filed on behalf of the petitioner(s) is also accepted. Anu/-Cp2 (Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.)

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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