SHIKHA MUKHERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant civil misc. petition has been filed under Article 227 of the Constitution of India for a direction for expeditious disposal of F.A. No. 506 of 2018 which was transferred from this Court to learned Court of Judicial Commissioner, Ranchi and was re-registered as Civil Appeal No. 109 of 2019 and is now pending before the learned Court of Additional Judicial Commissioner-II, Ranchi.

(2.) Learned counsel for the petitioners submits that petitioner no. 1 has died and the right to sue survives to petitioner no. 2.

(3.) Petitioners were the original plaintiffs in T.S. No. 285 of 2007 which was filed for a declaration, inter alia, that the agreement dtd. 22/10/2005 was null and void. The suit was decreed ex-parte vide judgment dtd. 21/12/2010. Opposite party no. 2 filed an application to set aside the judgment and decree under Order IX Rule 13 of C.P.C. which was rejected vide order dtd. 18/1/2014.