2026:JHHC:1885 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 64 of 1995 1. Rajak Mian @ Rajak Ahmed, son of late Md. Jan Mian Resident of village Bana, P.O. Kanda, P.S. Bishrampur, District - Palamau 2. (a) Nasiruddin Ansari, son of Safijan Ansari (b) Imtyaj Ansari, son of Mosatkim Ansari (c ) Mumtaj Ansari, son of Mustkim Ansari (d) Md. Sultan Ansari, son of Md. Mustakim Ansari Nos.(b) to (d) all grandsons of Safijan Ansari, all residents of village Bana, P.O. and P.S. Bishrampur, District – Palamau 3. Amna Khatoon Bibi, wife of Imaman Mian, resident of village Khairadohar, P.O. Paton, P.S. Patan, District Palamau 4. Amna Matun Bibi, wife of Noor Ali Mian and daughters of late Waziuddin Mian, Resident of village Dali, P.O. Nawa, P.S. Chhatterpur, District Palamau 5. (a) Suleman Ansari @ Suleman Ahmad (b) Aliman Ansari (Substituted V.O.D. 04.11.2025) 5 (b) (i) Ibrar @ Ibrar Ansari, son of Aliman Ansari 5 (b) (ii) Maksood Alam @ Maksood Ansari – son of Aliman Ansari 5 (b) (iii) Safida Khatoon – daughter Aliman Ansari 5 (b) (iv) Rashida Khatoon – daughter Aliman Ansari, All residents of village Bana, P.O. and P.S. Bishrampur, District Palamau (c ) Salim Ansari @ Salim Mian (d) Jasmuddin Ansari @ Jasmuddin Mian All four sons of Late Rahman Mian (e ) Sairun Bibi, W/o Nabina Hafiz (f) Asma Bibi, w/o Md. Gaffar Ansari Both are daughters of late Rahman Mian (g) Waziran Bibi, W/o late Rahman Mian All residents of village – Bana, P.S. Husainabad, District Palamau 6. Hakimni Bibi, wife of Hasanli Mian, Resident of village and P.O. Naugacha P.S. Bishrampur, District Palamau 7. Rahimni @ Kaiti Bibi, wife of Ajmulla Mian, village Ramgarh, P.O. P.S. Chhatarpur, District Palamau 8. Rahishani Bibi, wife of Sadique Mian Resident of village Dinabar Tola Raiya P.O. Ramgarh P.S. Chainpur, District Palamau 9. (i) Majlum Bibi, widow of late Abdulla Ansari (ii) Qaumuddin Ansari (iii) Kutubuddin Ansari (iv) Moinuddin Ansari (v) Md. Khurshid Alam 2026:JHHC:1885 2 Sl. No. (i) to (v) all sons of late Abdulla Ansari Sl. No. (i) to (v) all are resident of village – Bano, P.O. Kanda, P.S. Bishrampur, District – Palamau (vi) Nayema Khatoon, wife of Mustakhim Ansari and daughter of late Abdulla Ansari, resident of village – Fat pani, P.O. & P.S. Dhurki, District Palamau (vii) Rashida Khatoon, wife of Nasim Ansari, daughter of late Abdulla Ansari, resident of village – Fat Pani, P.O. & P.S. Dhurki, District Palamau (viii) Robaida Khatoon, wife of Razi Ahmad, daughter of late Abdulla Ansari, resident of Katihar, P.O. & P.S. – Patna, District Palamau (ix) Sarmida Khatoon, wife of Nasim Ansari, daughter of late Abdulla Ansari, resident of Panjari, P.O. – Lalgara, P.S. – Bishrampur, District - Palamau 10. Jamiruddin Mian, son of late Hanif Mian Resident of village Bana, P.O. Kanda, P.S. Bishrampur, District Palamau 11. Quraisha Bibi, wife of Subhan Ali, Daughter of late Hanif Mian of village – Ramgarh, P.O. P.S. Chattarpur, District Palamau 12. Samsuddin Mian 13. Jamaluddin Mian 14. Kamaluddin Mian Sons of late Hamid Mian Residents of village Bana, P.O. Kanda, P.S. Bishrampur, District Palamau 15. Jaitun Bibi, widow of late Hamid Mian 16. (i) Sahmudin Ansari, son of Sahebjan Ansari, resident of village Bana, P.O. and P.S. Bishrampur, District-Palamau. (ii) Saira Bibi wife of Salim Mian and daughter of Sahebjan Ansari, resident of Daltonganj, P.O. and P.S. Daltonganj, District-Palamau. (iii)Johra Bibi, wife of Kayum Ansari and daughter of Sahebjan Ansari, resident of Village-Manjhauli, P.O. and P.S. Patan, Baidkala, District-Palamau. (iv)Asiman Bibi, wife of wife of Rajak Ansari @ Rajak Ahmad and daughter of Sahebjan Ansari, resident of village Bana, P.O. and P.S. Bishrampur, District-Palamau. (v)Jahiman Bibi, W/o Kasim Ansari and daughter of Sahebjan Ansari, resident of Village-Dali, Post-Dali, P.S. Chhatarpur, District-Palamau, Jharkhand. (vi)Jarina Bibi @ Jarina Khatoon and daughter of Sahebjan Ansari, wife of Kamrul Ahmad, resident of village- Kajru Kalan, P.O. Kajru Khurd, P.S. Pandu, District-Palamau, Jharkhand. 17. Ramjan Mian, Son of late Nabi Bux Mian resident of village Bana P.O. Kanda, P.S. Bishrampur, District Palamau 2026:JHHC:1885 3 18. Janbi Bibi, wife of Saubhan Ali and daughter of late Nabi Bux Mian, resident of village Purana Majhiawan P.O. Pathra P.S. Chainpur, District Palamau 19. Amna Khatoon wife of Ramjan Mian. 20. Usman Mian 21. Hasim Mian. Sons of Rafique Mian. All resident of village Bana, P.O. Kanda, P.S. Bishrampur, District Palamau. 22. Sahida Bibi wife of Late Madim Mian. of village Rabda, P.S. Bishrampur, District Palamau. 23. Jahuran Bibi wife of Jainat Mian of village Rabda, P.S. Bishrampur, District Palamau. 24. Fatma Bibi wife of Sayad Mian of village Cheguna P.O. Nawa, P.S. Bishrampur District Palamau. 25. Jaibun Bibi wife of Suleman Mian and daughter of Maheshari Bibi of village Kothiper, P.O. Rajhara, P.S. Bishrampur, District Palamau. 26. Hafiza Bibi, wife of Md. Karim, resident of village Kundwa, P.O. Kundwa, P.S. Bishrampur District Palamau 27. (a) Tetari Devi, widow of late Ram Kishun Thakur (Deleted V.O.D. 04.11.2025) (b) Rajendra Thakur, s/o late Ram Kishun Thakur (c) Yogendra Thakur, son of late Ram Kishun Thakur All residents of Bana, P.O. Kandawa, P.S. Bishrampur District – Palamau … … Defendants/Respondents/Appellants Versus 1. (i) Jamil Ahmad (ii) Kadir Ahmad (iii) Salim Ansari All sons of late Rahimuddin Mian, all residents of village – Bana, P.O. – Kanda, P.S. Nawabazar, District - Palamau 2. Serajuddin Mian Son of late Amir Hussain Mian 3. (i) Mahjeedan Bibi, wife of late Zayauddin Mian (ii) Aurangzed Ansari (iii) Akbar Ansari (iv) Baber Miyan (v) Israfil Ansari All sons of late Zayauddin Mian, all residents of village – Bana, P.O. and P.S. – Bishrampur, District – Palamau (vi) Shahjahan Bibi (vii) Husnnara Bibi (viii) Nargis Bibi All daughters are late Zayauddin Mian, all residents of village – Bana, P.O. and P.S. Bishrampur, District - Palamau 4. Nazamuddin Mian All resident of village Bana, P.S. Bishrampur, District Palamau 5. (i) Atiullah Ansari. (ii) Kamrul Ansari. 2026:JHHC:1885 4 Both sons of Late Batulani Bibi, residents of Kund Muhalla, P.O. and P.S. Daltonganj, District Palamau. (iii) Lailun Bibi (iv) Saifun Bibi Both daughters of Late Batulani Bibi, residents of Kund Muhalla, P.O. and P.S. - Daltonganj, District - Palamau. … … Plaintiffs/Appellants/Respondents 6. Sarajuddin Mian son of Late Jalim Mian. 7. Mazma Khatoon. 8. Mazm Khatoon. minor daughters of Umra Khatoon Bibi through their father and natural guardian Sarajuddin, the respondent no. 6 who has no adverse interest to that of minors. All resident of village Nawada, P.S. Paton, District Palamau. 9. Fatma Bibi daughter of Sk. Maharali and wife of Fate Mian resident of village Kundari, P.S. Lesliganj, District Palamau. 10. Nanhak Mian. 11. Sakoor Mian. sons of Neyaman Mian. 12. Samudari Bibi daughter of Neyamat Mian. All resident of village Sohdag, P.S. Bishrampur, District Palamau 13. Prasad Nonia. 14. Chandrika Nonia, Sons of Ganpat Nonia. 15. Anwar Mian son of Gulbahar Mian. 16. Nandlal Mahto. 17. Rameshwar Mahto sons of Late Belas Mahto. 18. Jago Devi daughter of Late Belas Mahto. Nos. 13 to 18 resident of village Bana, P.S. Bishrampur, District Palamau. 19. Pulur Mahto son of Sewak Mahto. 20. Bindeshwar Mahto, son of Late Balku Mahto. Both of village Bana P.S. Bishrampur, District Palamau. 21. Baij Nath Mahto son of Rambilash Mahto of village Bana P. S. Bishrampur, District Palamau. 22. Dheyan Mahto son of Jagdeo Mahto. 23. Jasoda Devi wife of Late Bhagwan Mahto. 24. Muneshwar Mahto son of Late Bhagwan Mahto. Nos. 22 to 24 resident of village Tukbera, P. S. Bishrampur, District Palamau. 25. Shital Mani Devi wife of Rajendra Mahto of village Loharapur P. S. Lesliganj, District Palamau. 26. Simni Devi wife of Rambrichh Mahto. 27. Rajni Devi wife of Bhola Mahto. Both resident of village Dunidih, P.S. Lesliganj District Palamau. 28. Sanjhari Devi wife of Dharamraj Mahto of village Bhilahu P. S. Patan, District Palamau. 2026:JHHC:1885 5 29. Rajkaran Mahto son of Sahdeo Mahto of village Bana P.S. Bishrampur, District Palamau. 30. Abdul Hamid Khan son of Noor Khan of village Tukbera P. S. Bishrampur, District Palamau … … Defendants/Respondents/Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Appellants : Mr. Ayush Aditya, Advocate : Mr. Akashdeep, Advocate For the Respondents : Mr. K.K. Ambastha, Advocate --- 30/27.01.2026 Heard the learned counsel appearing on behalf of the parties. 2. This second appeal has been filed against the judgement dated 09.08.1995 (decree signed on 16.08.1995) passed by learned VIth Additional District Judge, Palamau at Daltonganj in T.A. No.49 of 1985 whereby the appeal has been allowed and the judgement and decree passed by the learned trial court has been reversed. The trial court judgement is dated 28.05.1985 (decree singed on 08.06.1985) passed by learned 1st Additional Subordinate Judge, Daltonganj in Partition Suit No.81 of 1973. The partition suit was dismissed. 3. The 2nd appeal filed on behalf of defendant nos.1 to 14 has been admitted for final hearing vide order dated 26.07.1996 on the following substantial questions of law: (i) Whether a decree of partition can be granted without first of all ascertaining the shares of the respective parties? (ii) Whether only on inter se purchases and sales would infer partition amongst the co-sharers by metes and bounds? 4. The learned counsel for the appellants has submitted that defendant no.16 namely Fatima Bibi, who was admittedly a daughter in the family, had expired in 1994 as per the disclosure made by the respondents-plaintiffs themselves through interlocutory application filed in the present case, which reveals that she expired during the pendency of the 1st appeal. He has submitted that the partition suit was dismissed and a share was allocated to her by the 1st appellate court although she had expired prior to the judgement. 2026:JHHC:1885 6 5. The learned counsel submits that the judgement passed is a nullity inasmuch as a relief has been granted in favour of a dead person. He has also submitted that since the judgement is a nullity, the second appeal cannot proceed, rather the second appeal itself was not maintainable. 6. He has also submitted that had this fact been brought to the notice of this Court at earlier point of time, the appeal may not have even been admitted by this Court. He submits that the impugned judgement being a nullity, the second appeal itself is not maintainable. The learned counsel has also submitted that otherwise also considering the nature of substantial questions of law framed in this case, the decree is not severable in nature. 7. He has also submitted that the legal heirs of defendant no.16 are also not on record to say that interest or estate was represented and the appeal would continue even in her absence. 8. The learned counsel for the respondents though has opposed the prayer, but has not disputed the fact that the partition suit was dismissed and the 1st appellate court has granted a share to defendant no.16 though she had expired during the pendency of the 1st appeal. 9. The learned counsel for the respondents has not been able to show that the judgement passed by the learned 1st appellate court would not be a nullity inasmuch as the decree passed in favour of the deceased defendant no.16 was otherwise severable or she was otherwise represented in the suit through her legal heirs and successors at any stage. 10. The learned counsel for the appellants has referred to the order dated 21.06.2023 passed in SA No.134 of 2019 and submitted that appropriate order may be passed declaring that the judgement is a nullity and liberty be reserved with the plaintiffs-respondents to approach the learned 1st appellate court to take appropriate steps as per law. 11. After hearing the learned counsel for the parties, it is an admitted fact that defendant no.16, to whom a share in the property was allocated by the learned 1st appellate court, had expired during the 2026:JHHC:1885 7 pendency of the 1st appeal, but she was not substituted. It is also admitted that her estate was otherwise not represented by any of her legal heirs and successors before the learned 1st appellate court or even before the learned trial court. 12. In view of the aforesaid facts and circumstances, this Court is of the view that the judgement passed by the learned 1st appellate court is a nullity, and therefore, the second appeal itself is not maintainable. Consequently, there is no occasion to decide the substantial questions of law as framed by this Court vide order dated 26.07.1996. 13. Accordingly, this second appeal is dismissed for the aforesaid reasons. 14. However, liberty is reserved with the plaintiffs-respondents to approach the learned 1st appellate court for impleading the legal representative of deceased defendant no.16 within a period of two months from the date of uploading of this order. 15. It is made clear that this order will not stand in the way of the respondents-plaintiffs from taking steps as may be permissible under law before the learned 1st appellate court to have the decree reopened and to have the legal representatives of deceased defendant no.16 brought on record. The 1st appellate court shall pass appropriate judgement and decree as per law. 16. I.A. No.17149 of 2025 has been filed seeking substitution of legal heirs and successors of respondent no.9 namely Fatima Bibi (defendant no.16) died in the year 1994 during the pendency of the 1st appeal and respondent no.13 Prasad Nonia died in the year 2006, respondent no.14 Chandrika Devi died in the year 2000, respondent no.15 Anwar Mian died in the year 2008, respondent no.22 Dheyan Mahto died in the year 2010, respondent no.29 Rajkaran Mahto died in the year 2011, respondent no.30 Abdul Hamid Khan died in the year 2012 and appellant no.17 Ramjan Mian died in the year 28.11.2025, who died during the pendency of this second appeal. 17. The learned counsel for the appellants has submitted that since this appeal itself is not maintainable, he does not want to press I.A. No.17149 of 2025. However, it may be kept open to the respondents- 2026:JHHC:1885 8 plaintiffs to take appropriate steps in connection with the substitution of the aforesaid persons before the learned 1st appellate court as the plaintiffs were the appellants before the 1st appellate court. 18. In view of the aforesaid submissions, I.A. No.16715 of 2025 is closed. 19. I.A. No.111 of 2026 filed by the appellants with a prayer for disposing of the second appeal being not maintainable on account of non-substitution of respondent no.9 namely Fatima Bibi (defendant no.16) by the plaintiffs at the 1st appellate stage is allowed. 20. Let the original records of 1st appellate court as well as the trial court be immediately sent back to the learned 1st appellate court through special messenger. 21. Since the suit is of the year 1973, the learned 1st appellate court shall make endeavor to decide the appeal as expeditiously as possible. Parties to cooperate with the early disposal of the 1st appeal. 22. Let a soft copy of this order be communicated to the court concerned through FAX/email. (Anubha Rawat Choudhary, J.) 27.01.2026 Saurav/ Uploaded on 24.02.2026