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Kishor Singh v. Mathura Prasad & Others - SECOND APPEAL No. 1314 of 1979 [2006] RD-AH 7949 (19 April 2006)


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Hon'ble Sunil Ambwani, J.

Heard Shri U.K. Saxena, learned counsel for the appellant.

This Second Appeal, arising out of Suit for demolition of a wall and chabutara, was filed in 1979.

In the substitution application, it is stated that respondent no. 1 Mathura Prasad died on 13.9.1985 and has left behind three heirs. In the delay condonation application, it is stated that the applicant is an illiterate person and he has no knowledge of the legal proceedings and obligation that the substitution  of a deceased person is necessary for proper adjudication of the case. His brother came to Allahabad in last week of August 2004 and informed the counsel that respondent no. 1 is died. He was advised to bring his heirs on record.

The application for substitution has been filed after 20 years. I do not find that the cause shown is sufficient. The appellant has been grossly negligent in pursuing the Second Appeal. The substitution application and delay condonation application are accordingly rejected.

The Second Appeal abates as against respondent no. 1, who is only contesting respondent and consequently abates as a whole and is dismissed.

Dt. 19.4.2006

RKP/ SA-1314-79


Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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