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Mahant Siya Saran v. Ivth A.D.& Sess.Judge Jaunpur & Others - WRIT - A No. 1055 of 1995  RD-AH 14153 (17 August 2007)
Hon'ble S.U.Khan J
Learned counsel for the respondent states that his client has taken away the file from him.
Heard learned counsel for the petitioner.
This writ petition is directed against order dated 16.12.1994 passed in SCC Revision No. 55 of 1975 by IV Additional District Judge, Jaunpur. Through the impugned order substitution application of respondent No.2 Leela Devi was allowed and substitution application filed by the petitioner was rejected. Smt Leela Devi was substituted at the place of landlady revisionist Jag Devi.
Learned counsel for the petitioner states that the revision was also subsequently dismissed. In view of this this writ petition has become infructuous. Accordingly it is dismissed as infructuous.
However, it is clarified that the impugned order made on substitution application will be subject to the result of regular suit where question of inheritance or devolution of interest may directly be involved. Orders passed on substitution application under order 22 C.P.C are always subject to the result of regular suit with regard to devolution of interest.
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