Smt. Sangita Gupta vs Rajesh Kumar Gupta
2019 Latest Caselaw 480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- FIRST APPEAL No. - 242 of 2016
 

 
Appellant :- Smt. Sangita Gupta
 
Respondent :- Rajesh Kumar Gupta
 
Counsel for Appellant :- Rajesh Kumar Dubey,Manoj Singh Rathaur,Mr.R.K.Pandey
 
Counsel for Respondent :- Anand Kumar Pandey
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Pradeep Kumar Srivastava,J.

From perusal of record, it appears thatRajesh Kumar Gupta-sole respondent died on 28.7.2016. Thereafter, substitution application was filed for substitution of names of Smt. Sadhana Gupta, as R1/1 and Sri Ranjan Kumar Gupta, as R1/2, as his legal heirs and successors. Further, office report dated 17.2.2017 also indicates that notice on substitution application to substitute the aforesaid respondents i.e. R1/1 and R1/2 was issued on 7.2.2017 fixing 22.3.2017.

As per office report dated 03.10.2018, notice issued has neither been returned back after service nor any Vakalatnama has been filed on behalf of newly added respondents.

In the circumstances, in spite of various efforts having been made, the notice has not been served upon the newly added respondents. As such, the alternative mode of service being publication has necessarily to be directed.

Let notice be published in local hindi newspaper 'Dainik Jagran' for appearance of newly added respondents i.e. R1/1 and R1/2 before this Court. The publication be made in accordance with procedure prescribed.

As prayed, learned counsel for the appellant is allowed three weeks' time for taking steps for publication in the news paper. List thereafter.

Order Date :- 5.3.2019

RCT/-