Court No. - 37
Case :- FIRST APPEAL DEFECTIVE No. - 1212 of 1993
Appellant :- Ram Swarup Kohli And Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Kr. R.C. Singh,Jagdish Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
This is a defective appeal of the year 1993 and it relates to payment of court fee.
Unfortunately, the poor farmers whose land were taken could not deposit the said amount of court fees.
It appears that the appeal came to be dismissed in the year, 1996.
The other appeals and matters came to be disposed of by this High Court later on and, thereafter, the heirs have felt that they may also file restoration application which is filed after 15 years.
Learned counsel Shri Vivek Saran states that the matter is covered by the judgment of this High Court.
The matter required be restored and the delay in restoration requires to be condoned though objected by Shri Saran.
The appeal is restored to its original number.
For order, see our order of date passed in Civil Misc. Restoration Application.
Substitution has been allowed vide order of the date passed on substitution application.
All the copies of memo of appeal and the judgment in favour of the appellants be given to Shri Vivek Saran.
Name of Shri Vivek Saran be shown as learned counsel for the respondents.
Office is directed to accept the court fee.
List the matter on 6th August, 2021 for further orders before this Bench as the matter is covered by judgment of this High Court.
We are thankful to Shri Vivek Saran for ably assisting this Court.
Order Date :- 30.7.2021
A.N. Mishra Court No. - 37
Case :- FIRST APPEAL DEFECTIVE No. - 1212 of 1993
Appellant :- Ram Swarup Kohli And Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Kr. R.C. Singh,Jagdish Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Ref : Civil Misc. Delay Condonation Application Cause shown is sufficient.
Delay in filing the substitution application is hereby condoned.
This application, accordingly stands allowed.
Order Date :- 30.7.2021
A.N. Mishra Court No. - 37
Case :- FIRST APPEAL DEFECTIVE No. - 1212 of 1993
Appellant :- Ram Swarup Kohli And Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Kr. R.C. Singh,Jagdish Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Ref: Civil Misc. Substitution Application
1. Heard.
2. Allowed.
3. Let the substitution be carried out within one week from today.
Order Date :- 30.7.2021
A.N. Mishra Court No. - 37
Case :- FIRST APPEAL DEFECTIVE No. - 1212 of 1993
Appellant :- Ram Swarup Kohli And Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Kr. R.C. Singh,Jagdish Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Ref : Civil Misc. Restoration Application Heard learned counsel for the parties.
For the reasons disclosed in the affidavit filed in support of the restoration application, cause shown constitutes sufficient cause, consequently, restoration application is allowed. Order dated 10.1.1996, dismissing the appeal is recalled and the appeal is restored to its original number.
Order Date :- 30.7.2021 / A.N. Mishra
Court No. - 37
Case :- FIRST APPEAL DEFECTIVE No. - 1212 of 1993
Appellant :- Ram Swarup Kohli And Others
Respondent :- State of U.P. and Another
Counsel for Appellant :- Kr. R.C. Singh,Jagdish Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Subhash Chand,J.
Ref : Civil Misc. Delay Condonation Application Cause shown for delay in filing the restoration application is to the satisfaction of the Court.
Application is allowed, and the delay in filing the restoration application is condoned.
Order Date :- 30.7.2021 / A.N. Mishra