FA/30/2014
2023 Latest Caselaw 2208 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  FA No.30 of 2014
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. S.K. Mandal, counsel for the appellant.

2. Ms. Mamta Arya, counsel holding brief of Ms. Prabha Naithani, counsel for respondent no.2.

3. None present for respondent nos.1 and 3.

4. Counsel for the appellant would submit that earlier proposed respondent had filed an application IA No.2763 of 2021, however, the same was rejected by the Coordinate Bench of this Court with the observation that application for substitution has to be moved by the appellant and that was treated as intimation under Order 22 Rule 10A of C.P.C.; that, thereafter the substitution application and setting aside abatement application were moved by the appellants on 15.11.2021 and the same was treated to have been filed within limitation as per the judgment of the Hon'ble Supreme Court in Suo Moto Writ Petition No.3/2020.

5. As the above-stated applications were initially filed by the respondent no.2, therefore, there would be no objection to the respondent no..2 if the same are allowed. Accordingly, the Substitution Application and the Setting Aside Abatement Application are allowed. Let the amended memo of parties be filed within one week.

6. While perusing the applications, this Court looked into the report of the Registry made in the order sheet, which would reflect that the application for substitution and setting aside abatement application is noted on 23.11.2021 whereas the counsel for the appellants would submit that he had moved the applications on 15.11.2021. It has been observed in many cases that the parties in many cases submit that the application is moved on a date two or three or more days prior to the date of the noting made in the order sheet by the Registry.

7. The Registrar (Judicial) is requested to place the mechanism in order so that the date on which the application is received by the Registry that should be reflected in the noting of the Registry on the order sheet to avoid any dispute on the point of limitation.

8. Put up on 08.11.2023.

9. Till the next date of listing, the parties are directed to maintain status quo and not to create any third party interest over the property in dispute.

10. Urgency application (IA No.2766 of 2023) stands disposed of.

(Vivek Bharti Sharma, J.) 11.08.2023 BS