Champa Devi vs Sudama Dubey (Dead) . on 12 May, 2015

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Supreme Court - Daily Orders

Champa Devi vs Sudama Dubey (Dead) . on 12 May, 2015

Bench: N.V. Ramana

                                                             1


     ITEM NO.9                                     COURT NO.13                         SECTION XI

                                     S U P R E M E C O U R T O F                 I N D I A
                                             RECORD OF PROCEEDINGS

     I.A. 2,3,4 & 5 in Petition(s) for Special Leave to Appeal (C)
     No(s).33280/2012

     (Arising out of impugned final judgment and order dated 16/07/2012
     in SA No. 454/1994 passed by the High Court of Judicature at
     Allahabad)

     CHAMPA DEVI                                                                        Petitioner(s)

                                                            VERSUS

     SUDAMA DUBEY (DEAD) & ORS.                                                         Respondent(s)

     (for substitution and C/Delay in filing substitution appln. and
     setting aside an abatement and exemption from filing O.T.)

     Date : 12/05/2015 These applications were called on for hearing
     today.

     CORAM :                   HON'BLE MR. JUSTICE N.V. RAMANA
                                          [IN CHAMBER]

     For Petitioner(s)                       Mr. Avnish Singh Yadav, Adv.
                                             for Mr. Yash Pal Dhingra, AOR

     For Respondent(s)                       Mr.   Shivpati B. Pandey, Adv.
                                             Mr.   Rovin Babu, Adv.
                                             Mr.   Bhanwar Pal Singh Jadon, Adv.
                                             for   Mr. R. D. Upadhyay, AOR


                          UPON hearing the counsel the Court made the following
                                                O R D E R

Heard learned counsel for the parties. The abatement is set aside.

The delay of 465 days in filing the substitution Signature Not Verified application of deceased Respondent No.1 has sufficiently Digitally signed by Sanjay Kumar Date: 2015.05.14 12:49:22 IST Reason: been explained. The delay is condoned. The application for condonation of delay in filing substitution application is allowed.

Respondent No.1 has died on 15th October, 2012 leaving behind his legal heirs as mentioned in paragraph 2 of the application. Application for substitution is allowed. The name of Respondent No.1 be deleted from the array of parties and in his place the name of L.Rs. of deceased Respondent No.1 mentioned in paragraph 2 of the application be substituted.

Cause-title be amended accordingly. Exemption from filing official translation granted.





(SANJAY KUMAR-I)                   (TAPAN KUMAR CHAKRABORTY)
 COURT MASTER                             COURT MASTER

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