HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 23121 of 2011 Petitioner :- Hari Narain And Others Respondent :- Sukh Nandan And Others Petitioner Counsel :- Saurabh Sachan,A.K. Sachan Respondent Counsel :- P.K. Tripathi Hon'ble Rajes Kumar,J.
To satisfy the decree the property in dispute was sold on 17.3.1986 for Rs.20,000/-. The judgment debtor moved an application under Order 21 Rule 90 read with Section 151/47 of C.P.C. on 18.3.1987 for setting aside the auction sale which has been rejected on 8.3.1990. Against the said order, Writ Petition No. 24012 of 1992 was filed which was allowed on 23.5.2001. The order of the revisional authority has been set aside and the matter has been remanded back to the revisional authority to decide the revision afresh.
Learned counsel for the petitioners submitted that during the pendency of the writ petition, the parties of the suit have died. The petitioners are legal heirs of the judgment debtor. The petitioners thereafter moved a substitution application in the revisional court along with an application under Section 5 of the Limitation Act, which have been rejected and the suit has been abated by the impugned order dated 10.1.2011. He further submitted that since the petitioners were not aware about the decision of this Court therefore, the substitution application could not be moved. Immediately after knowing the decision of this Court, the delay has been properly explained therefore the application under Section 5 of the Act as well as substitution application ought to have been allowed. He submitted that the apex Court has held in various cases in the matter of delay and substitution a liberal view should be taken.
The petitioner has made only auction purchaser as party and has not impleaded the plaintiff or the legal heir of the plaintiff. The petitioner is directed to implead the plaintiffs and in case if the plaintiffs are not alive their legal heirs be impleaded as respondents.
Issue notice to respondent nos. 1 and newly impleaded respondents, returnable at an early date. The petitioners may take steps to serve the respondent nos. 1 and 4 by registered post.
List in the week commencing 23.5.2011.
Till the next date of listing, the parties shall maintain status-quo in respect of the property in dispute.
Order Date :- 21.4.2011 OP