Firaj vs D.D.C.And Others
2019 Latest Caselaw 493 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- CONSOLIDATION No. - 7262 of 1987
 

 
Petitioner :- Firaj
 
Respondent :- D.D.C.And Others
 
Counsel for Petitioner :- R.S.Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.

It appears from the records that two recall application Nos. 87913 of 2014 and 95290 of 2015, one praying for recall of the order dated 4.12.2013 whereby the writ petition was dismissed as infructuous and the other was filed praying for recall of the order dated 6.2.2015 whereby the writ petition was dismissed under Chapter 12 Rule IV of the Allahabad High Court Rules, 1952. However, it also appears from the records that a substitution application had been filed stating that certain respondents have died and with a prayer that the heirs of said respondents be substituted in place of the deceased respondents. The heirs of the deceased respondents have not been made a party in the recall applications and no substitution application has been filed for substitution of the heirs of the deceased respondents in the recall applications. There is no application for service of notice of the recall applications on the heirs of the deceased respondents.

The counsel for the petitioner prays for and is granted one week's time to file either appropriate substitution application or application along with the affidavits for service enabling this Court to issue notice on the recall applications to the heirs of the deceased respondents.

List after one week.

Order Date :- 5.3.2019

Satyam