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BHIKAM versus PREM RAJ

High Court of Judicature at Allahabad

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Bhikam v. Prem Raj - SECOND APPEAL No. - 1396 of 1985 [2007] RD-AH 15295 (11 September 2007)

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 AT ALLAHABAD

Hon. S.P. Mehrotra, J.

1. Civil Misc. (Substitution) Application No. 20044 of 2004

2. Civil Misc. (Delay Condonation) Application No.20045 of 2004

3. Civil Misc. (Abatement) Application No. 62942 of 2004

The aforementioned Applications, shown at Sl.Nos. 1 and 2 above, have been filed on behalf of Kaushal Kumar and Kishore Kumar (applicants)consequent to the death of Ram Pal Singh (defendant-appellant no.2).

It is, interalia, prayed in the aforementioned Substitution Application (shown at Sl.No. 1 above) that the applicants Kaushal Kumar and Kishore Kumar be substituted in place of the said Ram Pal Singh (defendant-appellant no.2).

It is, interalia, prayed in the aforementioned Delay Condonation Application (shown at Sl.No. 2 above) that the delay in filing the aforementioned Substitution Application (shown at Sl.No. 1 above) be condoned.

Issue notice on the aforementioned Applications (shown at Sl.Nos. 1 and 2 above).

Civil Misc. (Abatement) Application No. 62942 of 2004 (shown at Sl.No. 3 above) alongwith counter affidavit, sworn on 20.3.2004, has already been filed on behalf of the defendant- respondent no.4 in reply to the aforementioned Applications (shown at Sl.Nos. 1 and 2 above). Rejoinder affidavit, sworn on 23.7.2004, has been filed on behalf of the applicants in the aforementioned Applications (shown at Sl.Nos. 1 and 2 above).

I have heard learned counsel for the parties, and perused the averments made in the aforementioned Applications and affidavits filed on behalf of the parties.

It is evident that the said Ram Pal Singh had died on 21.2.2001, while the aforementioned Applications, shown at Sl.Nos. 1 and 2 above, have been filed on 3.2.2004.

Having regard to the averments made in the aforementioned Applications and affidavits, filed on behalf of the parties, and having considered the submissions made by the learned counsel for the parties, I am satisfied that sufficient cause has been made out for condoning the delay in filing the aforementioned Substitution Application (shown at Sl.No.1 above) and the application for setting aside abatement of the Second Appeal.

Accordingly, the aforementioned Delay Condonation Application (shown at Sl.No. 2 above) is allowed. The delay in filing the aforementioned Substitution Application and the application for setting aside abatement of the Second Appeal is condoned.

I am further satisfied that sufficient cause has been made out for setting aside the abatement of the Second Appeal.

Accordingly, the abatement of the Second Appeal is set aside.

The aforementioned Substitution Application (shown at Sl.No. 1 above) is allowed.

Let necessary amendments be made in the Memorandum of Second Appeal within six weeks.

The case will thereafter be listed before the Court when the Office will submit its Report regarding status of the Second Appeal.

In consequence of the aforementioned Applications (shown at Sl.Nos. 1 and 2 above) having been allowed, the aforementioned Abatement Application (shown at Sl.NO. 3 above) is rejected.

Dt. 11.9.2007

safi (S.A.1396/1985)


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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