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2017 DIGILAW 1398 (JHR)

Piyaso Devi v. State Of Jharkhand

2017-08-08

RAJESH SHANKAR

body2017
JUDGMENT Rajesh Shankar, J. – I.A. No. 5091 of 2017 : Learned counsel for the applicant submits that in view of Paragraph No.4 of the present interlocutory application, he may be exempted from filing supplementary affidavit as observed in the order dated 26th July, 2017. 2. Considering the fact that the explanation of delay has been given in Paragraph No.4 of the present interlocutory application, the petitioner is exempted from filing supplementary affidavit. 3. By way of present interlocutory application, a prayer has been made for substituting the original petitioner, namely, Piyaso Devi by her heirs/legal representatives. 4. Learned counsel for the applicant submits that the original petitioner-Piyaso Devi died on 31st January, 2012 during pendency of the present writ petition. In Paragraph No.6 of the present interlocutory application, the descriptions of heirs/legal representatives of the original petitioner have been mentioned. It is further submitted that a lenient view may be taken in the present matter, since the legal heirs of the deceased-petitioner, due to ignorance could not inform the fact of demise of the original petitioner to the counsel in time and, therefore, the some delay has occurred in filing the present interlocutory application. The death certificate of the original petitioner has been annexed as Annexure-I.A./1 to this application. 5. Learned counsel for the respondents submits that there has been inordinate delay in filing the present interlocutory application. 6. Considering the submissions made on behalf of the parties and on going through the records, it seems appropriate to allow the heirs/legal representatives to be substituted in place of deceased petitioner (Piyaso Devi). 7. Accordingly, let heirs/legal representatives of the original petitioner, whose descriptions have been given in Paragraph No.6 of this application, be substituted as petitioners in the present writ petition. Necessary amendment in the cause title of the writ petition be made within a week. 8. I.A. No.5091 of 2017 is disposed of.