(On C.M. Application No. 2250(S) of 2006) List has been revised.
None appears on behalf of the respondents. Heard learned counsel for the appellant and perused the record. This application has been moved on behalf of appellant for condonation of delay in moving the application for substitution and for setting aside the abatement of the appeal. The proposed L.R. of the deceased-respondent no. 1, Sri Chhotey Lal, has been served personally as per office report dated 10.11.2010, but, no objection has been filed. Grounds seem to be sufficient.
The application is allowed and the delay in moving the substitution application is condoned and the abatement of the appeal is set aside. Order Date :- 18.11.2010 kkm .
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Court No. - 19 Case :- SECOND APPEAL No. - 123 of 1998 Petitioner :- Smt. Sarju Devi Respondent :- Doodh Nath & Others Petitioner Counsel :- S.K.Mehrotra,M.C. Yadav Respondent Counsel :- Prabhat Kumar,Rajan Singh Hon'ble S.C. Chaurasia,J.
(On C.M. Application No. 2249(S) of 2006) List has been revised.
None appears on behalf of the respondents. Heard learned counsel for the appellant and perused the record. This application has been moved on behalf of appellant with the prayer that the respondent no. 1 has expired on 13.12.2004 and his legal representative, Sri Chhotey Lal, respondent no. 1/1, may be permitted to be substituted in his place. The proposed L.R., Sri Chhotey Lal, has been served personally vide office report dated 10.11.2010, but, no objection has been filed. The substitution application is allowed. Let the amendment be incorporated in the memo of appeal within a week. List thereafter.
Order Date :- 18.11.2010 kkm