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Gupta v. Shanker - SECOND APPEAL No. 947 of 1985  RD-AH 13394 (11 August 2006)
Hon. S.P. Mehrotra, J.
In view of the order of the Hon'ble The Chief Justice, the Cause List of 10.8.2006 is being taken-up today also.
Civil Misc. (Substitution) Application
No.114635 of 2006
The aforementioned Substitution Application has been filed consequent to the death of Bhabuti, the proposed defendant-respondent no. 1/1.
As per the averments made in the affidavit accompanying the aforementioned Substitution Application, the said Bhabuti, proposed defendant-respondent no. 1/1 died on 1.6.2002, while the aforementioned Substitution Application has been filed on 18.5.2006.
It is submitted by Shri Arun Kumar holding brief for Shri R.S. Mishra, learned counsel for the proposed heirs and legal representatives of the plaintiff-appellant (applicants in the aforementioned Substitution Application) that as the aforementioned Substitution Application relates to the death of the proposed defendant-respondent no. 1/1, no Application for setting aside abatement under Order 22 Rule 9 (2) of the Code of Civil Procedure or Application for condoning delay under Section 5 of the Limitation Act, 1963 is required to be filed. He relies upon a decision of this Court in Ram Pyare and others Versus The Deputy Director of Consolidation, Basti and others, 1995 All. C. J. 1342.
Issue notice to the proposed heirs and legal representatives of the said Bhabuti(proposed defendant-respondent no. 1/1), as mentioned in the prayer clause of the aforementioned Substitution Application.
Notices will be issued by Registered Post A.D. fixing 5.1.2007.
Steps will be taken by the applicants in the aforementioned Substitution Application within eight weeks, failing which, the case will be listed before the Court under Chapter XII, Rule 4 of the Rules of the Court immediately on the expiry of the said period.
List on 5.1.2007.
Safi (S.A. 947/1985)
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