It appears from a perusal of the record that on 5 November 2015 the learned counsel for the applicant was permitted to implead the present Sub Divisional Magistrate. Prior thereto an Affidavit of compliance had been filed by one Sri Prakash Shukla. This Affidavit of compliance was not accepted by the Court noting the contention of the learned counsel for the applicant in respect thereof. However, directions were issued for the newly impleaded opposite party to be present before the Court and file an affidavit reflecting the status on the spot. Significantly, the newly impleaded opposite party was not present in Court on 5 November 2015 nor were notices issued to him. It appears that it is in the above backdrop that the newly impleaded opposite party is not present in Court today.
Let notices be issued to the newly impleaded opposite party returnable within three weeks from today. The notice shall indicate that this petition shall be listed before the appropriate Court on 17 February 2016.
The noticed opposite party shall file his response on this petition on or before the said date, failing which he shall be present in person before this Court.
Order Date :- 20.1.2016/Arun K. Singh