Sheo Shankar Giri @ Ramchandra Giri v. Sheo Shankar Giri Chela Of Mahanth Sukhdeo Giri

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4757 of 2013 In First Appeal No. 242 of 1994 ====================================================== Sheo Shankar Giri @ Ramchandra Giri .... .... Petitioner

Versus

Sheo Shankar Giri Chela of Mahanth Sukhdeo Giri .... .... Opposite party ====================================================== Appearance :

For the Petitioner : Mr. Kailash Nath Diwakar For the Opposite party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-07-2017 This M.J.C. application has been filed for restoration of First Appeal No.242 of 1994.

It appears that first appeal was dismissed in 2008 and this M.J.C. application has been filed in the year 2013. There is delay of about 5 years. In spite of this fact no limitation application has been filed by the petitioner. From perusal of First Appeal No.242 of 1994, it appears that on 11.07.2008 the High Court ordered that the application for substitution of the sole respondent having been rejected for non-compliance of peremptory order, the present appeal abates. The appeal has, therefore, become incompetent. It may be mentioned here that in the first appeal the sole respondent was Sheo Shankar Giri and for non-substitution of the legal representatives the first appeal had abated in the year

Patna High Court MJC No.4757 of 2013 (10) dt.06-07-2017 2008. In this M.J.C. application the said deceased sole respondent Sheo Shankar Giri has been made opposite party. Therefore, this M.J.C. application is barred by law of limitation and also not maintainable against a dead person.

Accordingly, it is dismissed.

(Mungeshwar Sahoo, J) Harish/- U