HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- FIRST APPEAL DEFECTIVE No. - 82 of 2010 Petitioner :- Sri Prem Narain Singh Respondent :- Collector, Agra And Others Petitioner Counsel :- Manish Goyal Respondent Counsel :- A.S.Rana,S.C.,S.K. Tiwari,S.N.Tiwari Hon'ble Satya Poot Mehrotra,J.
Hon'ble Yogesh Chandra Gupta,J.
Civil Misc. Transposition application No. 110990 of 2011 The aforementioned application has been filed on behalf of Sushil, Pramod Kumar Singh and Narendra Kumar Singh, who have been impleaded as the claimants/respondents nos. 6, 4/2 and 4/1 respectively in the appeal. Prayer made in the aforementioned Transposition Application is that the said claimants/respondents be transposed as the claimants/appellants in the appeal.
By the order dated 17.5.2011, time was granted to the learned counsel for the claimant/appellant for filing objections to the aforementioned Transposition Application. No objections have been filed on behalf of the claimant/appellant. Sri Manish Goyal, leaned counsel for the claimant/appellant has no objection in case the aforesaid claimants/respondents be transposed as the claimants/appellants in the appeal.
In view of the averments made in the aforementioned Transposition Application and its supporting affidavit, particularly in paragraph no.10 of the aforementioned Transposition Application, and also keeping in view the fact that the claimant/appellant has no objection to the transposition of the aforesaid claimants/respondents as the claimants/appellants in the appeal, we are of the view that the prayer made in the aforementioned Transposition Application deserves to be granted.
The aforementioned Transposition Application is accordingly allowed. Let Sushil Kumar Singh (claimant/respondent no.6), Pramod Kumar Singh (claimant/respondent no.4/2) and Narendra Kumar Singh (claimant/respondent no.4/1) be transposed as the claimants/appellants no. 2,3 and 4, respectively in the appeal while the existing claimant/appellant (Prem Narain Singh) be numbered as the claimant/appellant no.1.
Necessary amendments will be made within three weeks.
List immediately thereafter.
Civil Misc. Application No. 182458 of 2011 The Stamp Reporter in his report dated 23.3.2010 reported that there was a deficiency in Court Fee amounting to Rs.2,58,140/-. The aforementioned application has been filed on behalf of the appellant under Section 149 read with Section 151 of the Code of Civil Procedure for taking on record the Court Fee of Rs.2,58,140/- which has been filed along with the aforementioned application. The office has submitted its report dated 29.7.2011 that Court Fee amounting to Rs. 2,58,140/- has been filed on behalf of the appellant.
Having regard to the averments made in the aforementioned application, we are of the view that the prayer made in the aforementioned application deserves to be granted. The aforementioned application is accordingly allowed. Let Court Fee filed with the aforementioned application be taken on record.
Order Date :- 1.8.2011 NS