Hemant Kumar Soni v. Harkesh Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 02 of 2021 • Hemant Kumar Soni S/o Late Komalchandsoni, Aged About 26 Years R/o Kamthi Line, Near State Bank Rajnandgaon, P.S. City Kotwali, Tahsil Rajnandgaon, Civil and Revenue District Rajnandgaon, Chhattisgarh ---- Petitioner /applicant

Versus

1. Harkesh Kumar S/o Prahlad Kushwaha, R/o Javhir Narendra, P.S. Tariyasujan, Civil and Revenue District Rajnandgaon (Chhattisgarh)

2. Harishanker, S/o Ratansingh Verma, R/o Hig-13, Phase- 1C Krishnapuram, P.S. Not Mentioned, Hoshangabad Road, Bhopal, Civil and Revenue District Bhopal (Madhya Pradesh).

3. Oriental Insurance Co. Ltd. Through Branch Manager, Branch Office Station Road, Near L.I.C. Office, Rajnandgaon, P.S. City Kotwali Rajnandgaon Tahsil Rajnandgaon, Civil and Revenue District Rajnandgaon Chhattisgarh ----Respondents --------------------------------------------------------------------------------------------------- For Petitioner : Shri Rakesh Thakur, Advocate For Respondent- 3 : Shri Pankaj Agrawal, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri PR Ramachandra Menon, Chief Justice & Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per Parth Prateem Sahu, J.

15.01.2021 1.

By this Review Petition, applicant has sought for review of the judgment dated 10.07.2020 passed in MAC No. 812/2013. 2.

Mr. Rakesh Thakur, learned counsel for the applicant submits that during the pendency of proceedings in MAC No. 812/2013, he has filed an application on 09.07.2020 for deleting the name of appellant no. 1, who died during the pendency of appeal. He further submits that though the application was taken into consideration but inadvertently no order was passed for deletion of name of appellant 1 in the memo of appeal, hence, the order passed by this Court in MAC No. 812/2013 could not be executed.

REVP 02 of 2021 He submits that the judgment dated 10.07.2020 be recalled as no order can be passed in favour or against a dead person. 3.

Mr. Pankaj Agrawal, learned counsel appearing for Insurance Company does not dispute the factual submissions made by the learned counsel for the applicant.

4.

We have heard learned counsel for the respective parties and also perused the record of claim case which shows that the applicant has moved an application on 09.07.2020 for deletion of name of appellant no. 1, but inadvertently no order has been passed on the said application and the impugned judgment dated 10.07.2020 came to be passed showing the name of appellant no. 1, in cause title, who, on the date of passing of judgment, had passed away. 5.

In the aforementioned facts of the case, impugned judgment dated 10.07.2020 is recalled.

6.

Consequently, application is allowed. MAC No. 812/2013 is directed to be restored to its original number.

Sd/- Sd/- (PR Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Pawan