Allahabad High Court
Smt. Rajwati And Others vs State Of U.P. on 19 December, 2022
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- FIRST APPEAL No. - 397 of 1996 Appellant :- Smt. Rajwati And Others Respondent :- State of U.P. Counsel for Appellant :- Vikram Nath,A.K. Misra,U.K. Misra Counsel for Respondent :- S.C.,C.S.C.,Subodh Kumar Hon'ble Dinesh Pathak,J.
In Re: Civil Misc. Delay Condonation Application No. 4 of 2019 and Civil Misc. Restoration Application No. 3 of 2019.
Instant restoration application supported with an affidavit along with delay condonation application has been moved on behalf of the appellants against the order dated 19.9.2016 by which batch of cases including the instant appeal has been decided.
It is submitted that the instant appeal has incorrectly been clubbed with batch of cases, wherein leading case was first appeal No. 33 of 1998 (State of UP and others Vs. Ram Dayal and others), whereas the subject matter of the instant appeal is different from the subject matter of the batch of cases which were decided by the common judgment and order dated 19.9.2016. It is further submitted that the subject matter of the instant appeal has been decided by another batch of cases by common judgment and order dated 28.2.2019 in leading first appeal No. 395 of 1996 (Gopal Singh and others Vs. State of UP and another).
Learned counsel for the respondents has no objection to the averments made in the affidavit filed in support of the restoration application and delay condonation application.
Cause shown for delay in filing the present restoration application is sufficient and to the satisfaction of the Court. Accordingly, the delay condonation application as well as the restoration application are allowed and the delay in filing the restoration application is condoned. The restoration application is treated to be filed within the prescribed period of limitation.
Order on First Appeal In view of the order of the date, as above, passed in restoration application, instant first appeal is restored to its original number.
In Re: Civil Misc. Delay Condonation Application No. 2 of 2019 and Civil Misc. Substitution Application No. 1 of 2019.
Instant substitution application supported with an affidavit along with delay condonation has been filed to bring on record the heirs and legal representatives of the deceased Rajwati Devi (Appellant No. 1) and Savitri Devi (Appellant No. 2).
Learned counsel for the respondents has no objection to the aforesaid delay condonation application and the substitution application.
Cause shown for delay in filing the present substitution application is sufficient and to the satisfaction of the Court. Delay condonation as well as substitution application are allowed. Delay in filing the substitution application is condoned and abatement, if any, is set aside.
Learned counsel for the appellant is directed to substitute the heirs and legal representatives of the deceased appellants No. 1 and 2 in the cause title of the present appeal as appellants No. 1/1 to 1/3 and 2/1 to 2/8 respectively, during the course of the day.
Order on Appeal Allowed.
For order see order of date passed in first appeal No. 46 of 1998 (Mokhtar Singh Vs. State of UP and another).
Order Date :- 19.12.2022 vinay