Bapu @ Narayan Mohanty And Others vs Manas @ Manoranjan Mohanty And Others

A.C. Behera, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Learned counsels for the appellants and the respondents are present.

Respondent No.5 has also made his appearance. But, learned counsel for the appellants submitted that, steps have already been taken by him by filing Interlocutory Applications for substitution of the legal heirs of the Respondent No.4, which is in the Registry but the same has not come into the record today.

Learned counsel for the Respondent Nos.1 to 3 vehemently objected the aforesaid submissions made by the learned counsel for the appellants and submitted that, the appellants are adopting delatory tactices by filing Interlocutory Applications for substitution of the legal heirs of the Respondent No.2 in order to protract the hearing of the 2nd appeal.

Learned counsel for the respondent Nos.1 to 3 submitted that, the substitution of Respondent No.4 is not necessary in view of the provisions of law envisaged under Order 22, Rule-4(4) of the C.P.C., 1908, as the Respondent No.4 being the defendant before the trial court was set ex parte without filing written statement and he had also not contested the 1st appeal.

As per the submissions of the learned counsel for the appellants, he has already taken steps for substitution of the legal heirs of the Respondent No.4 by filing appropriate applications before the Registry. Therefore, the appeal be listed within a short period for issuance of notice to the legal heirs of the Respondent No.4.

Learned counsel for the appellants undertook to serve the copies of the Interlocutory Applications on the learned counsel for the Respondent Nos.1 to 3 during the course of the day.

Learned counsel for the appellants also submitted that the appellant no.3 has expired in the meanwhile and he has taken steps for substitution by filing appropriate applications before the Registry.

Learned counsel for the appellants is directed to serve copies thereof all interlocutory applications on the learned counsel for the respondent nos.1 to 3.

List this appeal on 02.04.2024.

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