SMT. PREMWATI & OTHERS versus THAKUR RANGJI MAHARAJ VIRAJMAN MANDIR VRINDABAN TRUSTRY

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Smt. Premwati & Others v. Thakur Rangji Maharaj Virajman Mandir Vrindaban Trustry - WRIT - C No. - 58575 of 2007 [2007] RD-AH 18428 (28 November 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Dilip Gupta, J.

This writ petition has been filed for setting aside the order dated 19.9.2007 passed by the learned Additional District Judge (Court No.6), Mathura in Civil Revision No. 128 of 1998. The petitioners are defendants in SCC Suit No. 4 of 1995. Lalit, who was defendant in the said suit, died during the pendency of the suit. An application under Order 22 Rule 4 CPC was filed for substitution. The defendants also filed an application for abatement of the suit. The Trial Court passed an order that the suit abates. However, the Revisional Court has set aside the order and allowed the substitution application holding that the heirs of the deceased are on record.

Learned counsel for the petitioners has not been able to point out any infirmity in the order passed by the Court below which may warrant interference by this Court under Article 226 of the Constitution.

The writ petition is, accordingly, dismissed.

Sri G.P. Agrawal, learned counsel appears for the respondent.

Dt/- 28.11.2007

Sharma/58575

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