Court No. - 59
Case :- FIRST APPEAL No. - 822 of 1992
Appellant :- Dheeraj Singh
Respondent :- State Of U.P. And Another Counsel for Appellant :- V.S. Chaudhary Counsel for Respondent :- S.C.
Hon'ble Surya Prakash Kesarwani,J.
Order on Civil Misc. Delay Condonation Application No.3 of 2019 and Civil Misc. Restoration Application No.4 of 2019 Heard Sri Ram Lal Mishra, learned counsel for the claimant- appellant and Sri Girish Vishwakarma, learned Standing Counsel for the State-respondents on the aforesaid applications.
Cause shown for non appearance is sufficient. That apart this six appeals arising from the impugned common judgment based on common evidences are being heard together today. The leading first appeal being First Appeal No.1255 of 1990 in which paper book has been filed by the claimant-appellants as well as by the State- respondents. Therefore, in the interest of justice and with the consent of learned counsels for the parties, the order dated 30.03.2015 is recalled after condoning the delay. First Appeal is restored to its original number. The Delay Condonation Application and Restoration Application are allowed.
Order on Civil Misc. Substitution Application No.100303 of 2006 The aforesaid substitution application has been filed for substitution of heirs and legal representatives of the sole appellant-Dheeraj Singh who died on 21.03.2006 leaving behind his heirs and legal representatives as mentioned in paragraph 3 of the affidavit accompanying the substitution application.
Learned Standing Counsel does not oppose the substitution application. Therefore, the substitution application is allowed. Heirs and legal representatives of the sole appellant as mentioned in paragraph 3 of the affidavit accompanying the substitution application be substituted.
Necessary correction in the array of parties be carried within a week.
Order on Civil Misc. Delay Condonation Application No.1 of 2019 and Civil Misc. Substitution Application No.2 of 2019 The appellant No.1/2-Prem Prakash has died on 29.06.2017 leaving behind is heirs and legal representatives as mentioned in paragraph 2 of the affidavit accompanying the substitution application.
Cause shown for delay in filing the substitution application are not opposed by the learned Standing Counsel. Cause shown for delay in filing the substitution application is sufficient. Therefore, the delay in filing the substitution application is condoned. Delay Condonation Application is allowed. Substitution Application is also allowed. Heirs and legal representative of the deceased-appellant No.1/2 as mentioned in paragraph 2 of the affidavit accompanying the substitution application are allowed be to substituted.
Necessary correction in the array of parties be carried within a week.
Order on Appeal
Allowed and remanded.
For orders, see order of date passed in FIRST APPEAL No.1255 of 1990.
Order Date :- 30.4.2019 Nitin Verma