Bobi Oraon @ Bertha Orain & Others vs Lohra Oraon & Others

Anil Kumar Choudhary, J

I.A. No.6809 of 2022

Heard the parties.

Learned counsel for the legal representatives of deceased appellant Nos.1 to 3 submits that this interlocutory application has been filed by the legal representatives of deceased appellant Nos.1 to 3 namely Bobi Oraon @ Bertha Orain, Buni Oraon and Fagu Oraon respectively with a prayer to substitute them in place of deceased appellant Nos.1 to 3. It is next submitted by the legal representatives of deceased appellant Nos.1 to 3 that the appellant No.1 namely Bobi Oraon @ Bertha Orain died on 24.12.2000 and appellant No.2 namely Buni Oraon died on 03.09.2021 and the appellant Nos.1 and 2 happen to be husband and wife and they died leaving behind their only four common legal representatives whose names, parentage and addresses have been mentioned in para-3 of the instant interlocutory application and the appellant No.3 namely Fagu Oraon died on 24.12.2019 leaving behind his only two legal representatives whose names, parentages and addresses have been mentioned in para-4 of the instant interlocutory application.

It is further submitted that the instant interlocutory application has also been filed with a prayer for condoning the delay in filing the petition for substitution and for setting aside the abatement, if any. It is further submitted by the legal representatives of deceased appellant Nos.1 to 3 that the legal representatives of deceased appellant Nos.1 to 3 are poor tribal and rustic villagers and they could not inform about the death of the appellant Nos.1 to 3 to their counsel as they were not aware about the present status of the appeal as the deceased appellants were looking after the same, hence, the delay occurred in filing the petition for substitution. It is further submitted that the delay caused in filing the petition for substitution is neither deliberate nor intentional. It is next submitted that unless the delay in filing the petition for substitution is condoned and abatement, if any, is set aside and the only four common legal representatives of the deceased appellant Nos.1 and 2 namely Bobi Oraon @ Bertha Orain and Buni Oraon are substituted in their place as Appellant No.1 (a) to 1 (d) and the only two legal representatives of deceased appellant No.3 namely Fagu Oraon are substituted in his place as appellant Nos.3 (a) to 3 (b), the appellants will be highly prejudiced.

Mr. Anurag Kashyap and Supriya Dayal have filed power on behalf of appellant Nos.1 (a) to 1 (d) and 3 (a) to 3 (b).

Considering the aforesaid facts, the delay in filing the substitution petition is condoned, the abatement, if any, is set aside and the prayers for substitution of the only four common legal representatives of the deceased appellant Nos.1 and 2 namely Bobi Oraon @ Bertha Orain and Buni Oraon in their place as Appellant No.1 (a) to 1 (d) and the prayer for substitution of only two legal representatives of deceased appellant No.3 namely Fagu Oraon in his place as appellant Nos.3 (a) to 3 (b), is allowed.

Registry is directed to incorporate the name of only four common legal representatives of the deceased appellant Nos.1 and 2 namely Bobi Oraon @ Bertha Orain and Buni Oraon in their place whose names, parentage and addresses have been mentioned in para-3 of the instant interlocutory application as appellant No.1 (a) to 1 (d), to incorporate the name of only two legal representatives of deceased appellant No.3 namely Fagu Oraon in his place whose names, parentages and addresses have been mentioned in para-4 of the instant interlocutory application as appellant Nos.3 (a) to 3 (b) and to mention the word ‘Dead’ against the names of the deceased appellant Nos.1 to 3 namely Bobi Oraon @ Bertha Orain, Buni Oraon and Fagu Oraon respectively with red ink in the cause title of the appeal memo.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.)

S.A. No.47 of 1998 (R)

The notice issued to the respondents has returned with the endorsement that the respondent Nos.2 to 6, 9, 10 and 12 have died since long.

Since, no prayer for substitution of the legal representatives of deceased respondent Nos.2 to 6, 9, 10 and 12 has been made as yet, this appeal abates against the respondent Nos.2 to 6, 9, 10 and 12.

Learned counsel for the appellants prays for time.

Prayer for time is allowed as the last chance.

List this appeal after four weeks.