Anil Kumar And Anr. vs Additional District Judge And 5 ...
2015 Latest Caselaw 3971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6598 of 2015
 

 
Petitioner :- Anil Kumar And Anr.
 
Respondent :- Additional District Judge And 5 Others
 
Counsel for Petitioner :- Ashutosh Yadav,Abhilasha Singh,Shyam Lal
 

 
Hon'ble Suneet Kumar,J.

Issue notice to respondents no. 2 to 6.

Steps be taken within 10 days.

The applicant is assailing the order dated 16 October 2015 passed in Civil Appeal No. 21 of 2010 (Babu Ram Nath through his General Power of Attorney holder Onkar Nath vs. Vinod Bhusan @ Kamal Naraya and others) passed by the Additional District Judge, Court No. 1, Hathras, whereby, substitution application of the legal heirs of respondent No. 1 has been allowed.

Submission of learned counsel for the applicant is that the impugned order is illegal as the information regarding death of respondent No. 1 was furnished, which is noted in the order-sheet dated 21 November 2013. Substitution application was moved belatedly on 6 March 2014 without being supported by an application to condone the delay, therefore, it is urged that there is violation of Article 120 and 121 of the Limitation Act and the suit abated against the first respondent.

Submission requires consideration.

Till the next date of listing, further proceedings of  Civil Appeal No. 21 of 2010 (Babu Ram Nath through his General Power of Attorney holder Onkar Nath vs. Vinod Bhusan @ Kamal Naraya and others) by Additional District Judge, Court No. 1, Hathras shall remain stayed.

Order Date :- 6.11.2015

Arshad