State Of U.P. Thru ... vs Lakhan Singh And Another
2018 Latest Caselaw 2412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
(C. M. Application No.21149 (W) of 2017)
 
In Re:-
 

 
Case :- SERVICE BENCH No. - 8703 of 2016
 

 
Petitioner :- State Of U.P. Thru Secy.Co-Operative Deptt.Govt.Of Up &Ors.
 
Respondent :- Lakhan Singh And Another
 
Counsel for Petitioner :- C.S.C.
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anil Kumar,J.

Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the parties.

Learned Standing Counsel for the petitioners has submitted that the respondent No.1 had died on 20.10.2015 but this fact was not in the knowledge of the learned Standing Counsel at the time of filing of the instant writ petition, because of which, the name of respondent No.1 was arrayed in the array of respondents. The names of heirs and legal representatives of respondent No.1 have been mentioned in para-5 of the affidavit.  It has also been submitted by learned Standing Counsel for the petitioners that the names of heirs and legal representatives of the deceased respondent No.1 may kindly be substituted in the interest of justice.

On due consideration, the application for substitution in question is allowed.

Let necessary substitution be carried out within a week.

If the same is carried out, the notices be issued to the newly substituted respondents, for which, necessary steps be taken within a week.

List after service of notices.

Order Date :- 7.9.2018

Suresh/

[Rajesh Singh Chauhan,J.]        [Anil Kumar,J.]

.

.

(C. M. Application No.21148 (W) of 2017)

In Re:-

Case :- SERVICE BENCH No. - 8703 of 2016

Petitioner :- State Of U.P. Thru Secy.Co-Operative Deptt.Govt.Of Up &Ors.

Respondent :- Lakhan Singh And Another

Counsel for Petitioner :- C.S.C.

Counsel for Respondent :- C.S.C.

Hon'ble Anil Kumar,J.

Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the parties.

Cause shown in the affidavit seems to be sufficient to condone the delay.

On due consideration, the application is allowed and the delay in filing the substitution application in question is condoned.

Order Date :- 7.9.2018

Suresh/

[Rajesh Singh Chauhan,J.]        [Anil Kumar,J.]