An abatement application has been filed by Sri Rahul Sahai, learned counsel for the respondents in this case.
It appears that substitution application has already been filed without serving learned counsel for the respondents as the then learned counsel Sri Janardan Sahai appearing for the respondents had been elevated to the Bench. In the circumstances, copy of substitution application may be served by Sri Somesh Khare, Advocate upon Sri Rahul Sahai learned counsel for the respondents who has put in appearance on behalf of the respondents having been subsequently engaged. Copy of the abatement application has also been served upon Sri Somesh Khare learned counsel for the petitioner today in Court.
It is contended by Sri Somesh Khare that abatement application is misconceived as he has aready filed substitution application for substitution of legal heirs and representative of respondent no.3.
After hearing the abatement application is accordingly rejected.
The substitution application filed for substituting heirs of respondent no.3, is allowed as there is no objection by Sri Rahul Sahai who has filed Vakalatnama on behalf of legal heirs and representatives of respondent no.2.
Three weeks' time is granted for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter thereafter.
Order Date :- 31.3.2011 P