Court No. - 42
Case :- SECOND APPEAL No. - 1980 of 1991 Appellant :- Masood Hasan Respondent :- Allah Rabul Almin Counsel for Appellant :- Y S Bohra
Hon'ble Ajay Bhanot,J.
(Order on Delay Condonation Application No. Nill of 2006) This is an application for condonation of delay in aid of substitution application supported by a composite affidavit.
The substitution application has been occasioned by the death of sole respondent Asghar Khan. The composite affidavit in support of delay condonation application, substitution application and setting aside abatement application asserts that the sole respondent Asghar Khan died in April, 1995.
The legal heirs/legal representatives of sole respondent Asghar Khan (since deceased) are described in para 2 of the composite affidavit in support of delay condonation application, substitution application and setting aside abatement application.
Notices were issued to the legal heir/legal representative of sole respondent Asghar Khan (since deceased).
The service report records as follows:
"proposed R1/1-served personally".
In view of the service report, service upon the legal heirs/legal representatives of sole respondent Asghar Khan (since deceased) is found to be sufficient.
None has appeared on behalf of the proposed respondent no. 1/1 despite service of notice.
Cause shown for delay in filing substitution application as indicated in the affidavit in support of delay condonation application, is sufficient. Delay in filing substitution application is hereby condoned.
The delay condonation application under Section 5 of the Limitation Act is allowed.
(Order on Substitution Application No. Nill of 2006) This is a substitution application supported by a composite affidavit.
The substitution application has been occasioned by the death of sole respondent Asghar Khan. The composite affidavit in support of substitution application, delay condonation application and setting aside abatement application asserts that the sole respondent Asghar Khan died in April, 1995.
The legal heirs/legal representatives of sole respondent Asghar Khan (since deceased) are described in para 2 of the composite affidavit in support of delay condonation application, substitution application and setting aside abatement application.
Notices were issued to the legal heir/legal representative of sole respondent Asghar Khan (since deceased).
The service report records as follows:
"proposed R1/1-served personally".
In view of the service report, service upon the legal heirs/legal representatives of sole respondent Asghar Khan (since deceased) is found to be sufficient.
None has appeared on behalf of the proposed respondent no. 1/1 despite service of notice.
The substitution application is allowed.
Let the legal heirs/legal representatives of sole respondent Asghar Khan (since deceased) as described in para 2 of the composite affidavit in support of delay condonation application, substitution application and setting aside abatement application, be substituted in place of sole respondent Asghar Khan (since deceased). Words "died during the pendency of the appeal" shall be transcribed after the name of sole respondent Asghar Khan. Substitution be carried out by learned counsel for the appellant and shall be confirmed by the Office.
The names of the legal heirs/legal representatives of the sole respondent Asghar Khan (since deceased) shall be typed in Red Ink on a separate paper. Similarly, the words "died during the pendency of the appeal" after the name of the sole respondent Asghar Khan shall also be transcribed in Red Ink on a separate page. Both the papers bearing the names of the legal heirs/legal representatives of sole respondent Asghar Khan and the words "Died during the pendency of the appeal" shall be affixed to the cause title at the appropriate place. Office to confirm the substitution in the above said manner.
[Order on (Setting Aside the Abatement) Application No. Nill of 2006] This is an application for setting aside the abatement. Heard.
In the light of the reasons stated in the order passed on the substitution application, the abatement application is allowed. The abatement is set aside.
(Order on Appeal) Issue notice to the newly impleaded respondent on the appeal by ordinary process as well as by RPAD.
List in July, 2019.
Order Date :- 30.5.2019 Dhananjai