C.R./20/2020 of SHYAM SUNDAR RAM Vs MS RAMA ELECTRONICS REPRESENTED THROUGH ITS SOLE PROPRIETOR SRI RAMA CHARAN GUPTA on 23 December 2022

1. M/s. Rama Electronics, represented through its sole proprietor Sri Rama Charan Gupta, Nawadih, Baghmara, District Dhanbad. Rama Charan Gupta, Nawadih, Baghmara, District Dhanbad.

2. Sakun Devi

3. Vijay Kumar Gupta

4. Praveen Kumar Gupta

5. Navin Kumar Gupta

.......... Opp. Parties.

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CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners : Mr. Sumit Kumar, Advocate For the Opp. Parties :

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Order No.05

Date: 23.12.2022

I.A. No.10365 of 2022:

The present interlocutory application has been filed by the applicant- Dilip Kumar Gupta for substitution of sole petitioner- Shyam Sundar Ram.

Learned counsel for the applicant/petitioners submits that the original petitioner- Shyam Sundar Ram died on 7[th] September, 2022 leaving behind his widow and two sons including the applicant as his heirs/legal representatives, whose descriptions have been given in paragraph no.2 of the present interlocutory application.

Having heard learned counsel for the applicant and for the reasons stated in the present interlocutory application, let sole petitioner- Shyam Sundar Ram be substituted by his heirs/legal representatives, whose descriptions have been given in paragraph no.2 of the said interlocutory application.

Necessary insertion in the cause title of the civil revision be made by the counsel for the petitioners in course of the day.

I.A. No.10365 of 2022 stands disposed of.

Civil Revision No.20 of 2020:

The office has raised objection with regard to maintainability of the civil revision, as the petitioners have challenged the judgment and decree dated 21[st] March, 2020 (decree signed on 3[rd] April, 2020) passed by the Civil Judge Jr. Division-II, Dhanbad, dismissing the Title (Eviction) Suit no.01 of 2012 filed by the plaintiff/original petitioner- Shyam Sundar Ram for eviction of the defendants under the provisions of Section 11(1)(c) read with Section 14 of the Jharkhand Buildings (Lease, Rent & Eviction) Control Act, 2000.

Since the title (eviction) suit filed by the plaintiff/original petitioner itself has been dismissed by the original court, this Court is of the view that an appeal under Section 96 of the Code of Civil Procedure will lie against the said judgment and decree. In this regard, reference is made to the judgment of the Hon’ble Supreme Court rendered in the case of Ram Prasad Rajak Vs. Nand Kumar & Bros. and Ors., reported in (1998)6 SCC 748.

This civil revision is, accordingly, dismissed as not maintainable.

The petitioners are, however, at liberty to prefer an appeal against the judgment and decree dated 21[st] March, 2020 (decree signed on 3[rd] April, 2020) passed by the Civil Judge Jr. Division-II, Dhanbad, if so advised.

(Rajesh Shankar, J.)