INDER KUMAR Vs. CHHOTANAGPUR BANKING ASSOCIATION

JUDGEMENT

(1.) Heard learned counsel for the appellants. According to learned counsel for the appellants, in Company petition no. 01 of 1958 (P), winding up order was passed on 21.05.1958 against respondent no. 1, Company in liquidation. However, one suit was filed by the plaintiffs father along with four other plaintiffs before the Court of Munsif, Hazaribagh in the year 1971 and proceedings of said suit was stayed by the trial Court in view of the pendency of the Company petition no. 1 of 1958 and because of passing of winding up order against the Company in liquidation and because of appointment of Official Liquidator.

(2.) According to learned counsel for the appellants, in the Company petition no. 01 of 1958 (P), one order was passed, however, the copy of said order is not with the appellants, because of which same plaintiffs filed another suit in Patna High Court in the year 1975 which was registered as Title Suit No. 01 of 1975. Suit No. 01 of 1975 was tagged with the Company petition no. 01 of 1958(P). This suit continued in Patna High Court for a long couple of years, then transferred to Ranchi Bench of Patna High Court.

(3.) Be that as it may, after transfer of the suit to Ranchi Bench of Patna High Court, and ultimately transfer to Jharkhand High Court after creation of Jharkhand State and the Jharkhand High Court up-till filing of the restoration application in the year 2011, for about more than 35 years no steps were taken by the plaintiffs in the suit and, therefore, suit of the year 1975 remained idly pending earlier in the Patna High Court and then in Jharkhand High Court. On 26.11.2008, plaintiff no. 1 died but no steps were taken for substitution of legal representative of plaintiff no. 1 either by the legal representatives of plaintiff no. 1 or by remaining plaintiffs. None of the legal representatives of the plaintiff no. 1 was a party in the suit either as plaintiff or the defendant.