Smt. Saguna Prem Manohar Sharma vs Brij Kumar & Others
2011 Latest Caselaw 134 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 117 of 2006
 

 
Petitioner :- Smt. Saguna Prem Manohar Sharma
 
Respondent :- Brij Kumar & Others
 
Petitioner Counsel :- Rajni Kant Tewari,A.P. Paul,B.B. Paul
 
Respondent Counsel :- Rameshwar Nath
 

 
Hon'ble Yatindra Singh,J.

Hon'ble Yogesh Chandra Gupta,J.

The appellant filed an application for substituting the legal heirs of respondents No.10 and 16 along with an affidavit to condone the delay. It appears that this application was allowed without issuing notices to the proposed legal heirs on 25.11.2009 and permission has been granted to the counsel for the appellant to make appropriate corrections. Thereafter the notices were issued to the proposed legal heirs of respondent No.10 and 16. Office has given a report dated 15.4.2010 that the notices were sent to them by registered post but neither the undelivered cover nor acknowledgement has been returned. In view of this the service on the proposed legal heirs is deemed sufficient.

Since the substitution application has already been allowed on the earlier occasion and the corrections have been made, no further orders are required on the delay condonation application as well as substitution application. Both the applications may be treated to have been allowed by the order dated 25.11.2009.

Counsel for the parties states that writ petition No. 7911 of 2002 is not connected with this one and it may be disconnected. Therefore the writ petition No. 7911 of 2002 is disconnected.

Order Date :- 8.3.2011

NS