Allahabad High Court
V.K. Singh vs D.D.C. & Others on 23 July, 2010
Court No. - 27 Case :- WRIT - B No. - 19411 of 1990 Petitioner :- V.K. Singh Respondent :- D.D.C. & Others Petitioner Counsel :- A. Pandey,S.N.Pandey Respondent Counsel :- S.C. Civil misc. impleadment application no.120694 of 2010 Hon'ble Mrs. Poonam Srivastav,J.
Impleadment application has been filed on behalf of three applicants. Copy of the said application has not been served to petitioner's counsel. Respondents' counsel undertakes to serve copy of impleadment application to petitioner's counsel today itself.
Petitioner's counsel prays for and is allowed three weeks' time to file counter affidavit.
List thereafter showing the name of Sri Dinesh Rai as counsel for respondents.
Order Date :- 23.7.2010 rkg Civil misc. delay condonation application dated 2.9.2008 Hon'ble Mrs. Poonam Srivastav,J.
Heard.
Cause shown is sufficient. Delay in filing substitution application is condoned. Substitution application is treated to be filed within time. Application under Section 5 of Indian Limitation Act is allowed.
Order Date :- 23.7.2010 rkg Civil misc. substitution application no.212976 of 2008 Hon'ble Mrs. Poonam Srivastav,J.
This is a substitution application filed with a prayer for substituting heirs of respondent nos.2 and 3 who are reported to be dead.
Office report dated 22.7.2010 shows that notices were issued to respondent nos.2/1 and 2/2 by R.P.A.D. Neither undelivered cover nor acknowledgement has been received back. Service is deemed to be sufficient under Chapter XIII Rule 12 Explanation 2 of High Court Rules. Substitution application is allowed.
Let name of respondent nos.2 and 3 be deleted and in their place, their heirs be substituted as respondent nos. 2/1, 2/2 and 3/1 to 3/4 in the array of parties.
Necessary correction be carried out in the array of parties.
Order Date :- 23.7.2010 rkg