Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9793 of 2018 Petitioner :- Khalid Khan Respondent :- Jaiveer Tyagi And 13 Others Counsel for Petitioner :- Mohammad Hisham Qadeer
Hon'ble Mrs. Sunita Agarwal,J.
The orders of rejection of substitution application are being challenged in the present petition with the assertion by learned counsel for the petitioner that substitution application has been filed to bring on record the fact that the then Secretary of the committee namely defendant no.3 who had died during the pendency of the Original Suit No.225 of 1970 (Mukeem Khan Vs. Krishna Dutt & others). A new Secretary had been elected whose name was sought to be substituted by means of the application filed in the year 2017. Further the fact of death of defendant no.3 by writing the word "deceased" before his name in the array of parties was sought to be brought on record.
The submission is that in Misc. Civil No.17 of 2010, the newly elected Secretary of the defendant no.3 had already been substituted. The result would be that the substitution before the trial court has become a mere formality. The trial court having recorded the said fact could not have rejected the substitution application on the ground of delay. Same illegality has been committed by the revisional court.
The matter requires consideration.
Issue notice to defendants/respondents fixing 25.02.2019. Steps be taken within one week by register post A.D.
List on 25.02.2019.
Order Date :- 25.1.2019 Himanshu