Aslam Qadeer vs Nayyar Jahan Raza And 7 Others
2022 Latest Caselaw 5440 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- CIVIL REVISION No. - 65 of 2022
 

 
Revisionist :- Aslam Qadeer
 
Opposite Party :- Nayyar Jahan Raza And 7 Others
 
Counsel for Revisionist :- Kumar Anish
 
Counsel for Opposite Party :- Rakesh Yadav
 

 
Hon'ble Ajit Kumar,J.

The argument advanced by learned counsel for the petitioner is that substitution application could not have been allowed in respect of one of the applicants in the substitution application. In support of his argument, he placed reliance upon a judgment of Andhra Pradesh High Court in Mohd. Nayeem v. Sri Sale Sayeed passed in Civil Revision Petition No. 1754 of 2017 on 04.08.2017.

The Court is of the considered view that the case cited by the counsel for the petitioner is of the persuasive value, inasmuch as, the Court finds substance in the argument of learned counsel for the petitioner and hence matter requires consideration.

At this stage, Sri R.K. Chaubey, learned counsel for respondent submits that the order may be set aside with further liberty to the respondents-plaintiffs to move appropriate substitution application.

Learned counsel for the petitioner has also prayed for disposal of this petition.

No notices are required to be issued to respondent nos. 1 to 7 at this stage.

With the consent of the parties, this petition is disposed of at this stage. Order dated 20.04.2022 is hereby set aside. Liberty is granted to the plaintiff to move a separate substitution application to substitute the heirs of deceased applicant who had earlier filed the substitution application within six weeks from today. Both the applications shall now be disposed of on merits within a further period of three months giving full opportunity of hearing to all the concerned parties.

Order Date :- 27.6.2022

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