Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:12459 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No. 989 of 2023 Shishu Kumar Singh, S/o Late Karu Singh, R/o Village- Natki, P.O. & P.S. Dumka Muffasil, District- Dumka.
.... .. ... Petitioner(s) Versus 1.The State of Jharkhand. 2.The Commissioner, Santhal Pargana Division, Dumka 3.The Circle Officer, Dumka. 4.16/Annas Raiyati of Mauza- Natki, P.O. & P.S. Dumka Muffasil, District- Dumka. 5.Shib Shankar Singh, S/o Late Girdhari Singh, R/o Village- Natki, P.O. & P.S. Dumka Muffasil, District- Dumka. .. ... ...Opp. Party(s) ...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner (s) : Mr. Arbind Kumar, Advocate
For the State : Ms. Ruchi Mukti, AC to AAG.IA …... 07/ 25.04.2025. I.A. No.8492 of 2024.
Heard, learned counsel for the petitioner on the aforesaid I.A. filed under Order XXII, Rule 3 of CPC for substitution of legal heirs of sole writ petitioner (Karu Singh) in W.P.(C) No.4482 of 2007 which was dismissed for default vide order dated 10.08.2011.
It is submitted by learned counsel for the petitioner that the sole writ petitioner died on 29.05.2010 during pendency of the said Writ Petition and, therefore, no steps could be taken. Consequently, it was dismissed for default on account of non-prosecution. The present petitioner had no knowledge about the pendency of the aforesaid Writ Petition. After coming to know about the said Writ Petition being dismissed for default, petitioner has moved this Court for restoration of the said Writ Petition and also for getting his name substituted in place of the original writ petitioner.
The fact of the matter is that the instant CMP is filed after inordinate delay of long time of about 12 years and in the meantime, destruction of the aforesaid Writ Petition has taken place. The order of substitution can be passed in a pending matter and not after the case has already been
disposed of / destruction taken place.
Accordingly, I do not find any merit in the instant Interlocutory application and the same is hereby dismissed.
Consequently, the instant CMP also stands dismissed.
(Gautam Kumar Choudhary, J.) Sandeep/-