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RAM ADHAR & ANOTHER versus MURTAZA & OTHERS

High Court of Judicature at Allahabad

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Ram Adhar & Another v. Murtaza & Others - SECOND APPEAL No. 2540 of 1984 [2007] RD-AH 592 (10 January 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 OF ALLAHABAD

10-01-2007 Hon'ble S.P. Mehrotra, J.  

Perused the Office Report dated 13-12-2006 in regard to service of notice on Civil Misc. (Substitution) Application No.47103 of 2002, filed consequent to the death of Smt. Jaifunnisa (defendant-respondent No.2).

Sri B.D. Shukla, Advocate is present.

He states that he has already put in appearance on behalf of the proposed heirs and legal representatives of the said Smt. Jaifunnisa (defendant-respondent No.2), as mentioned in paragraph 2 as well as in the Prayer Clause of the aforementioned Substitution Application.

A Counter Affidavit along with Vakalatnama of  Sri B.D. Shukla purporting to be on behalf of the proposed heirs and legal representatives of the said Smt. Jaifunnisa (defendant-respondent No.2) is on record.

In the circumstances, service of notice on the proposed heirs and legal representatives of Smt. Jaifunnisa (defendant-respondent No.2) is held to be sufficient.

Copy of the aforesaid Counter Affidavit may be served on Sri R.N. Yadav, learned counsel for the defendants-appellants- applicants within three days.

Sri R.N. Yadav, learned counsel for the defendants-appellants- applicants may file Rejoinder Affidavit within three weeks, thereafter.

It further appears that a Counter Affidavit on behalf of the plaintiff-respondent No. 1 has been filed in reply to the aforementioned Substitution Application.

Let copy of the said Counter Affidavit be served on Sri R.N. Yadav, learned counsel for the defendants-appellants-applicants within three days.

Sri R.N. Yadav may file Rejoinder Affidavit to the aforesaid Counter Affidavit filed on behalf of the plaintiff-respondent No.1 within three weeks, thereafter.

List the aforementioned Substitution Application for consideration after the expiry of the aforesaid period.

Second Appeal No. 2540 of 84 /AK


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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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