Court No. - 6
Case :- WRIT - C No. - 27651 of 2008 Petitioner :- Kokil Respondent :- Kalp And Others Counsel for Petitioner :- K.N. Mishra Counsel for Respondent :- SC
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner.
This petition impugns orders passed by the Trial Judge rejecting an application for substitution as well as for orders passed on recall applications made by the petitioner. On the oral request of the learned counsel, the petition is treated to be falling under Article 227 of the Constitution. From a recordal of the facts as comprised in the impugned order, it appears that the petitioner had moved an application for substitution in the suit pending since 1998 on 3 September 2003. Despite time having been granted to take steps on 25 August 2004, 9 December 2004 and 25 January 2005, no steps were taken by the petitioner. The Court ultimately on 3 November 2007 proceeded to grant a last opportunity to the petitioner to take steps. Even this order was not complied with.
From the above narration of facts, it is manifest that the Substitution Application could not be proceeded with even four years after its institution. Although, learned counsel has sought to contend that the order of 3 November 2007 was duly complied with, the Court notes that no part of the order sheet has been brought on the record to establish that the direction of the Court concerned had been followed.
In view thereof, the Court finds no palpable error in the view taken by the Trial Judge.
The petition fails and is dismissed.
Order Date :- 30.7.2019 Arun K. Singh (Yashwant Varma, J.)