FA/47/1998 of NARAYAN DAS BAGRI Vs S.K.CHAND on 1 January 1998

IN THE HIGH COURT OF JHARKHAND AT RANCHIF.A. No. 47 of 1998(R)

Narayandas Bagri

……Appellant

Versus

S.K. Chand……Respondent

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

---------For the Appellant : Mr. Saurabh Shekhar, AdvocateFor the Respondent :------

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21/Dated: 14/01/2016

Learned counsel for the appellant has submitted that by order dated 05.04.2007 the court on submission of the learned counsel for the appellant that the application for substitution had been filed in another case had granted time for making necessary correction in the application. It is submitted that an interlocutory application under Order 22 under Rule 4 was filed on 09.05.2001 in F.A. No. 47 of 1997 instead of F.A. No. 47 of 1998(R) i.e. the present appeal, however the correction was carried out in the office copy of the application. Due to inadvertence the correctted application could not be filed in the present appeal, for substitution of legal heirs of the sole deceased-respondent.

Learned counsel for the appellant seeks two weeks time to file the application in the present appeal.

Heard. Perused the record, it transpires that on 03.08.2015 time was sought for filing the appropriate application but till date it has not been filed.

It is made clear that if the application is not filed within two weeks from the date of this order, the appeal shall stand dismissed.

(Amitav K. Gupta, J.)