Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 8590 of 2016 Petitioner :- Smt. Shakuntala And Another Respondent :- Ram Naresh And Another Counsel for Petitioner :- Daya Shankar Vishwakarama Counsel for Respondent :- Jamal Ahmad Khan
Hon'ble Siddhartha Varma,J.
A perusal of the order dated 5.1.2016 shows that the Suit No.90 of 2004 was dismissed for the non-presence of the plaintiffs. It has been stated in the order itself that the plaintiff died on 3.12.2010.
The record does not reveal that any substitution application has been filed. The restoration application, therefore, was not maintainable at the instance of a party who was not arrayed yet.
Under such circumstances, the application as was filed was not maintainable. The writ petition is also, therefore, dismissed.
However, if the petitioners move any substitution application, they may press the same.
Order Date :- 27.11.2019 GS (Siddhartha Varma, J.)