2025:JHHC:25660 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C. M. P. No.156 of 2024 1.Chunni Devi, W/o Late Manoj Thakur 2.Santosh Kumar Thakur, S/o Late Manoj Thakur 3.Fulmani Kumari, D/o Late Manoj Thakur All are R/o Village- Lodharia Tola, Rakhaban, PO- Lodharia, PS- Tundi, District- Dhanbad. .... .. ... Petitioner(s) Versus 1. Dabbu Thakur, S/o Lalu Thakur, R/o Village - Lodharia Tola, Rakhaban, PO- Lodharia, PS- Tundi, District- Dhanbad. 2. Sri Krishna Murari Sharma, S/o Sri Asheshwar Pd. Bhokta, R/o Village- Baddiha, Miraganj, PS- Jamua, PO- Mirjaganj, District- Giridih. 3. Divisional Manager, The National Insurance Company Limited, B.P. Agrawalla Building, Dhansar, PO and PS- Dhansar, District- Dhanbad. .. ... ...Opp. Party(s) ........... CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ......... For the Petitioner(s) : Mr. Gautam Kumar, Advocate Mr. Ramchander Sahu, Advocate For the O. P(s)./IC : Mr. Alok Lal, Advocate Mr. Santosh Kumar, Advocate …... 08/ 27.08.2025. Heard, learned counsel for the parties. 1. Earlier vide orders dated 22.04.2025 and 07.07.2025, the petitioners were directed to take steps for substitution of Opp. Party No.2 who died eight years ago. 2. From the service report, it appears that death of O.P. No.2 had taken place 8 years ago before the filing of instant CMP, therefore, the instant CMP stands abated so far as O.P. No.2 is concerned. 3. This CMP has been filed against the order dated 01.02.2024 (Annexure-5) passed by M.A.C. No.163 of 2016 whereby and whereunder the petition dated 01.02.2024 filed for recall of the order dated 27.03.2019 has been rejected and for setting aside the order dated 27.03.2019 (Annexure-3) passed in M.A.C. No.163 of 2016 by which the names of the claimant Nos.1, 2 and 3 has been deleted from the cause title of the claim application on the prayer made by claimant no.4. 4. It is submitted by learned counsel for the petitioners that the deceased was aged about 50 years and he died in a motor accident. The claim had been preferred by his son, namely, Dabbu Thakur. 5. It is argued that deceased had two sons, namely, Dabbu Thakur (Clamant No.4) and one Manoj Thakur. Claimant Nos.1 to 3 are the heirs and decendants of Manoj Thakur whose names have been 2025:JHHC:25660 2 struck off as they were not the necessary parties as per the impugned order and also without hearing these petitioners. 6. Considering the grounds taken that the order has been passed, but without hearing these petitioners, as such, the impugned order is set aside. Learned Trial Court is directed to pass the order afresh after hearing the parties concerned. 7. The instant CMP stands disposed of. Pending I.A., if any, also stands disposed of. (Gautam Kumar Choudhary, J.). Sandeep/-