Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5870 of 2021 Petitioner :- Raj Kumar Singh And 4 Others Respondent :- Sukhveer Singh And 3 Others Counsel for Petitioner :- Ratnesh Kumar Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioners have questioned the correctness of the order dated 05.02.2021 passed by the Civil Judge (SD), Hapur in Misc. Case No. 118 of 2013 Sukhveer Singh (Since Deceased) though his LRs Vs. Raj Kumar Singh (Since Deceased) allowing the substitution application of the applicants in pending proceedings under Order XXXIX Rule 2A arising out of an order of injunction passed in O.S. No. 489 of 2013, Sukhveer Singh through his LRs and others Vs. Raj Kumar Singh through his LRs and others.
Learned counsel for the petitioners submits that the limitation as has come to be considered by the trial court is because of the non application of the relevant provisions of the law of Limitation Act.
In the considered opinion of this Court, the substitution itself is not determinative, a factor, for the purpose of rights to be adjudicated substantially in the matter, unless of course, seriously disputed calling for adjudication under rule 5 of Order XXII of C.P.C. It is only for the purpose of continuation of proceedings.
Thus, if the legal heirs/ representatives are not disputed merely because they have filed a belated application and if the Court exercise discretion to allow such application for continuation of proceedings, I do not find any such manifest error so as to warrant interference under Article 227 of the Constitution.
Petition is according dismissed and consigned to record.
The order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 28.10.2021 IrfanUddin