These are two applications, one for substitution of deceased respondent no.8 and another for condonation of delay in filing the substitution application. Both applications are supported with an affidavit.
Notice on these two applications have been served on the respondents by publication in the newspaper, which is available on record alongwith an Application No. 245770 and an affidavit of service.
It is stated in the affidavit that the respondent no.8, Madho Das died on 30.6.1987, leaving behind his son Sri Raj Krishna Das. It is also stated that Sri Raj Krishna Das has also died on 21.9.2008, leaving behind the applicant Sri Arvind Kumar Agrawal as his heir and legal representative.
The reason shown for condoning the delay in filing the substitution application relating to respondent no.8, Madho Das and further the son of Madho Das namely Late Raj Krishna Das is sufficient. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the delay in filing the substitution application is condoned. The delay condonation application is allowed.
The substitution application also stands allowed. Office is directed to delete the name of deceased respondent no.8 Late Madho Das and make a note that his son Sri Raj Krishna Das has also died and substitute the name of Sri Arvind Kumar Agrawal as respondent no. 8/1/1 in the array of the parties.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 292837 of 2009 IN Civil Misc. Substitution Application No. 292838 of 2009 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 292838 of 2009.
Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89351 of 2008, Civil Misc. Delay Condonation Application No. 89349 of 2008 & Civil Misc. Abatement Application No. 89352 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no.3 namely Dr. Raj Nath Pandey, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondents no. 3/1 to 3/4. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.3 had died in the year 1980 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record alongwith an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no.3 Late Dr. Raj Nath Pandey is allowed. Let the heirs of deceased respondent no.3 as mentioned in paragraph 3 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89349 of 2008 IN Civil Misc. Substitution Application No. 89351 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89351 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89352 of 2008 IN Civil Misc. Substitution Application No. 89351 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89351 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 15474 of 2009 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Issue notice.
Steps be taken within a week.
Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89331 of 2008, Civil Misc. Delay Condonation Application No. 89330 of 2008 & Civil Misc. Abatement Application No. 89332 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no. 4 namely Amar Nath Pandey, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondents no. 4/1 to 4/5. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.4 had died in the year 1995 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record along with an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no. 4 Amar Nath Pandey is allowed. Let the heirs and legal representatives of deceased respondent no.4 as mentioned in paragraph 3 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89330 of 2008 IN Civil Misc. Substitution Application No. 89331 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89331 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89332 of 2008 IN Civil Misc. Substitution Application No. 89331 of 2008.
IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No.89331 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89360 of 2008 Civil Misc. Delay Condonation Application No. 89358 of 2008 & Civil Misc. Abatement Application No. 89361 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no. 5 namely Smt. Anupma Devi, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondents no. 5/1 to 5/7. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.5 died on 8.10.2006 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record along with an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no. 5, Smt. Anupma Devi is allowed. Let the heirs and legal representatives of deceased respondent no.5 as mentioned in paragraph 3 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89358 of 2008 IN Civil Misc. Substitution Application No. 89360 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89360 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89361 of 2008 IN Civil Misc. Substitution Application No. 89360 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No.89360 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89343 of 2008, Civil Misc. Delay Condonation Application No. 89342 of 2008 & Civil Misc. Abatement Application No. 89348 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no. 8 namely Madho Das, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondents no. 8/1 to 8/12. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.4 died on 30.6.1987 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record along with an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no. 8 Madho Das is allowed. Let the heirs and legal representatives of deceased respondent no. 8 as mentioned in paragraph 3 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89342 of 2008 IN Civil Misc. Substitution Application No. 89343 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89343 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89348 of 2008 IN Civil Misc. Substitution Application No. 89343 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No.89343 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89354 of 2008, Civil Misc. Delay Condonation Application No. 89353 of 2008 & Civil Misc. Abatement Application No. 89356 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no. 11 namely Sri Narain Mishra, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondents no. 11/1 to 11/3. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.11 died on 16.6.1986 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record along with an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no. 11, Sri Narain Mishra is allowed. Let the heirs and legal representatives of deceased respondent no. 11 as mentioned in paragraph 3 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89353 of 2008 IN Civil Misc. Substitution Application No. 89354 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89354 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89356 of 2008 IN Civil Misc. Substitution Application No. 89354 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No.89354 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89334 of 2008, Civil Misc. Delay Condonation Application No. 89333 of 2008 & Civil Misc. Abatement Application No. 89335 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no. 15 namely Smt. Chandra Devi, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondents no. 15/1 to 15/4. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.15 died on 9.5.1989 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record along with an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no. 15, Smt. Chandra Devi is allowed. Let the heirs and legal representatives of deceased respondent no. 15 as mentioned in paragraph 3 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89333 of 2008 IN Civil Misc. Substitution Application No. 89334 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89334 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89335 of 2008 IN Civil Misc. Substitution Application No. 89334 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No.89334 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Substitution Application No. 89338 of 2008, Civil Misc. Delay Condonation Application No. 89337 of 2008 & Civil Misc. Abatement Application No. 89339 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
These are three applications, one for substitution of the deceased respondent no. 2/1 namely Smt. Babban @ Chandrama, another for condonation of delay in filing the substitution application and third for setting aside the abatement, if any, against the respondent no. 2/1. These applications are supported with an affidavit.
It has been stated in the affidavit that respondent no.2/1 died on 9.5.1989 and the substitution application has been moved, when the appellant came to know of his death.
Notice on these applications have been served on the respondents by publication in the newspaper, which is available on record along with an Application No. 245770 and an affidavit of service.
The reason shown for condoning the delay in filing the substitution application is sufficient. The delay in filing the substitution application is condoned. The application for condonation of delay is allowed. The application for setting aside the abatement, if any, also stands allowed. There is neither any counter affidavit available on record to contest the averments made in the affidavit nor it is seriously opposed by learned counsel for the respondents.
In view of the aforesaid circumstances, the application for substitution of deceased respondent no. 2/1, Smt. Babban @ Chandrama is allowed. Let the heirs and legal representatives of deceased respondent no. 2/1 as mentioned in paragraph 6 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out by the office within three weeks.
No order is passed as to costs.
Dated:7.1.2010 Lbm/-
Civil Misc. Delay Condonation Application No. 89337 of 2008 IN Civil Misc. Substitution Application No. 89338 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No. 89338 of 2008. Dated:7.1.2010 Lbm/-
Civil Misc. Abatement Application No. 89339 of 2008 IN Civil Misc. Substitution Application No. 89338 of 2008 IN First Appeal No. 263 of 1973 Hon'ble Sanjay Misra,J.
Allowed.
For orders, see order of date passed on the Civil Misc. Substitution Application No.89338 of 2008. Dated:7.1.2010 Lbm/-