Vinod Kumar Agarwal And Another vs Smt. Maya Devi And Others
2019 Latest Caselaw 2530 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- WRIT - A No. - 8309 of 2009
 

 
Petitioner :- Vinod Kumar Agarwal And Another
 
Respondent :- Smt. Maya Devi And Others
 
Counsel for Petitioner :- Swetashwa Agarwal
 

 
Hon'ble Manoj Kumar Gupta,J.

Re: Civil Misc. Amendment Application No.5 of 2018

Heard counsel for the petitioners.

The amendment application is allowed.

Learned counsel for the petitioners is permitted to incorporate the amendment within a week.

Perused the office report dated 5.12.2018. According to the said report, respondents 1/1 to 1/3 had left without any instruction. Respondents 1/4 and 5 could not be contacted even after repeated efforts as they were not available.

In view of judgement of the Supreme Court in Madan & Co. vs. Wazir Jaivir Chand, AIR 1989 SC 630, service upon respondents 1/1 to 1/4 and respondent no.5 is held to be sufficient.

No one has appeared on behalf of the respondents.

Heard counsel for the petitioners on delay condonation application No.1 of 2018 and Substitution Application No.2 of 2018.

The explanation furnished for delay is found to be satisfactory. Accordingly, delay condonation application is allowed. Substitution application for bringing on record heirs of deceased Smt. Maya Devi, respondent no.1 is also allowed and her heirs and legal representatives, as mentioned in paragraph 7 of the affidavit, are substituted in her place.

Learned counsel for the petitioners shall carry out necessary amendments in this regard also within a week.

List after one month.

(Manoj Kumar Gupta, J.)

Order Date :- 4.4.2019

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