CIVIL MISC. DELAY CONDONATION APPLICATION.
Heard learned counsel for the parties.
Cause shown is sufficient. The application is allowed. The delay in filing the substitution application is condoned. 28.3.2012 OP Court No. - 30 Case :- SECOND APPEAL No. - 393 of 1998 Petitioner :- Sri Ram & Others Respondent :- Lal Mohar & Others Petitioner Counsel :- Agam Narayan Roy Respondent Counsel :- Vinod Swaroop Hon'ble Rajes Kumar,J.
CIVIL MISC. SUBSTITUTION APPLICATION.
The substitution application has been filed for substituting the heirs of respondent no. 1 Lal Mohar. In the affidavit, it is stated that there are three sons and one daughter of Lal Mohar, namely, Bhirug Verma, Baleshwar Verma, Rajesh Verma and Amla (daughter). Learned counsel for the respondent submitted that Rajesh Verma has also died three years back but no substitution application has been moved. So far as heirs are concerned, there is no dispute. In view of the above, the application is allowed. In front of the name of Lal Mohar, the word dead be mentioned and Bhirug Verma, Baleshwar Verma, Rajesh Verma and Amla (daughter) be impleaded as respondent nos. 1, 2, 3 and 4. The substitution be carried out within two weeks. The appellants may verify whether Rajesh Verma died or not. In case, he died, a fresh substitution application be filed to substitute the heirs of Rajesh Verma. In case, if no substitution application is filed, it is open to the respondents to file an abatement application. 28.3.2012 OP Hon'ble Rajes Kumar, J.
CIVIL MISC. ABATEMENT APPLICATION.
In view of the order passed on the substitution application, the abatement application stands rejected. 28.3.2012 OP Court No. - 30 Case :- SECOND APPEAL No. - 393 of 1998 Petitioner :- Sri Ram & Others Respondent :- Lal Mohar & Others Petitioner Counsel :- Agam Narayan Roy Respondent Counsel :- Vinod Swaroop Hon'ble Rajes Kumar,J.
List in the week commencing 30.4.2012.
Order Date :- 28.3.2012 OP