SA/39/2004
2023 Latest Caselaw 925 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                          COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      05.04.2023                        Restoration Application (MCC No. 744 of 2022)
                                        In
                                        SA No.39 of 2004
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Aditya Singh, learned counsel for the applicants - appellants and Mr. M.C. Pande, learned Additional Advocate General for the State/respondent no.3.

During pendency of the Restoration Application (MCC No. 744 of 2022), a substitution application has been filed by the applicants - appellants in the Second Appeal to substitute the legal representatives of the deceased respondent no.1.

On 17.03.2023, Mr. Aditya Singh, Advocate had sought one week's time to take necessary steps to substitute legal representatives of the deceased - respondent in the said restoration application.

Today, Mr. Aditya Singh, Advocate submitted that substitution application is not required in the restoration application to substitute the legal representatives of the deceased respondent.

In support of his submission, he has relied upon a judgment of the Hon'ble High Court of Madhya Pradesh, passed in "Sayeeda Begam and Another Vs. Ashraf Hussain Anwar Hussain and Others" 1980 M.P.L.J. 46.

Mr. M.C. Pande, learned counsel for the State has requested time to produce case law, if any.

List on 02.05.2023.

(Alok Kumar Verma, J.) 05.04.2023 Shubham