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VINOD PRAKASH versus VIRENDRA PAL & OTHERS

High Court of Judicature at Allahabad

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Vinod Prakash v. Virendra Pal & Others - SECOND APPEAL No. 2584 of 1982 [2006] RD-AH 853 (12 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

12-01-2006 Hon'ble S.P.Mehrotra, J.

Order on

1-Civil Misc. (Delay Condonation) Application No.26287 of 2001.

2-Civil Misc. (Substitution) Application No. 26288 of 2001.

The aforementioned applications have been filed consequent to the death of Vinod Prakash (defendant-appellant).

Issue notice.

Sri V.P. Varshney, learned counsel for the Respondent Nos. 1 and 4 has already received notices on behalf of the said respondents.

A Counter Affidavit, sworn on 23rd October 2003, has also been filed on behalf of the said respondents.

In the circumstances, notices need not be sent to the said respondents.

It is brought to the notice of the Court that the Respondent No.2 (Suraj Bhan) has also expired, and Civil Misc. (Delay Condonation) Application No. 59297 of 2004 and Civil Misc. (Substitution) Application No. 59299 of 2004 have been filed for bringing on record, the heirs and legal representatives of the said Suraj Bhan (Respondent No.2), as mentioned in paragraph 2 of the Affidavit accompanying the said applications.

In the circumstances, let notices on the aforementioned applications mentioned at Serial Nos. 1 and 2 above, be issued to the proposed heirs and legal representatives of the said Suraj Bhan (Respondent No.2), as mentioned in paragraph 2 of the said Affidavit accompanying the said Civil Misc.(Delay Condonation) Application No. 59297 of 2004 and Civil Misc. (Substitution) Application No. 59299 of 2004. Further, notice will also be issued to the Respondent No.3.

In view of the stand taken in the said Counter Affidavit filed on behalf of the Respondents Nos. 1 and 4, let notice be also issued to the heirs and legal representatives of Vinod Prakash (defendant-appellant), as mentioned in paragraph 4 of the said Counter Affidavit.

Notice will be issued by Registered Post AD, fixing 2nd April, 2006.

Steps for issuance of notice on the aforesaid applications will be taken by the learned counsel for the applicant within three weeks, failing which, the case will be listed under Chapter XII, Rule 4 of the Rules of the Court, immediately on the expiry of the said period.

List on 2nd April, 2006.

1-Civil Misc. (Delay Condonation) Application No. 59297 of 2004.

2-Civil Misc.(Substitution) Application No.59299 of 2004.

         The aforementioned applications, as noted above, have been filed consequent to the death of Suraj Bhan (Respondent No.2).

Issue notice to the proposed heirs and legal representatives of Suraj Bhan (Respondent No.2), as mentioned in paragraph 2 of the Affidavit accompanying the aforementioned applications.

Notice will be issued by Registered Post AD, fixing 2nd April, 2006.

Steps for issuance of notice on the aforesaid applications will be taken by the learned counsel for the applicant within three weeks, failing which, the case will be listed under Chapter XII, Rule 4 of the Rules of the Court, immediately on the expiry of the said period.

List on 2nd April, 2006.

Second Appeal No.2584 of 82/AK


Copyright

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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