Court No. - 9
Case :- CIVIL REVISION No. - 482 of 1998
Revisionist :- Ravi Dhingra
Opposite Party :- Bank Of Baroda & Another
Counsel for Revisionist :- Shashi Nandan,Udayan Nandan
Counsel for Opposite Party :- C.P. Mishra,Nripendra Mishra
Hon'ble Anjani Kumar Mishra,J.
Re: Civil Misc. Substitution Application.
Heard Shri Pratmesh Upadhyay holding brief of Shri Udayan Nandan and Shri Nripendra Mishra for the respondent Bank.
At the very out set it has been submitted that an application to bring on record to heirs of respondent no.2 is pending consideration.
In my considered opinion, no orders are required to be passed in this application inasmuch as the respondent no.2 has been shown in the memo of revision to be a proforma party. It is well settled that there is no abatement on the death of a proforma party.
Under the circumstances, no orders are being passed on the substitution application which may be consigned to the record.
Re: Civil Misc. Restoration Application.
Heard counsel for the parties. Restoration/recall application is allowed.
The order dated 22.01.2015 is hereby recalled. The revision is restored to its original number. Re: Civil Revision I have heard counsel for the parties on the merits of the revision which is directed against the order dated 27.10.1998, whereby, an application for setting aside/recall of an order dated 25.09.1998 was dismissed.
The contention of counsel for the revisionist is that a suit was filed by the respondent-Bank for recovery of money against the respondent no.2-loanee. In this suit certain property belonging to the said loanee, which has been transferred to the revisionist during the pendency of the suit, was ordered to be attached and sold for recovery of the dues, due from the loanee. This order was sought to be recalled which recall application has been rejected by the impugned order.
The contention of counsel for the revisionist is that he is entitled to an opportunity of hearing in the suit being a bona- fide purchaser for value.
In my considered opinion and in view of the submissions made, specially by the counsel for the opposite party, that the suit wherefrom this revision arises is still pending consideration, interest of justice would stand served in case this revision is disposed of granting opportunity to the revisionist to seek his impleadment in the pending suit.
In case an impleadment application is filed within a period of two weeks from today, the trial Court where the Original Suit No.558 of 1990 is pending, shall consider and pass appropriate orders on the impleadment application strictly in accordance with law, positively within a period of three weeks thereafter.
Subject to above, this revision stands disposed of.
Order Date :- 12.9.2018 Jitendra
Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.12 16:13:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad