Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Allahabad High Court

Smt. Shail Srivastava vs Smt. Madhuri Srivastava on 4 February, 2010

Author: Sanjay Misra

Bench: Sanjay Misra

Court No. - 19
Civil Misc. Abatement Application No. 195290 of 2009 IN
Case :- SECOND APPEAL No. - 1079 of 1988
Petitioner :- Smt. Shail Srivastava
Respondent :- Smt. Madhuri Srivastava
Petitioner Counsel :- Sankatha Rai,Dr.Vinod Kumar Rai
Respondent Counsel :- Chandra Prakash,Anubhav Chandra,S.K.
Srivastava
Hon'ble Sanjay Misra,J.

In view of the order passed in the substitution application. This application is rejected.

Order Date :- 4.2.2010 Lbm/-

Court No. - 19

Civil Misc. Substitution Application No. 107752 of 2009 IN Case :- SECOND APPEAL No. - 1079 of 1988 Petitioner :- Smt. Shail Srivastava Respondent :- Smt. Madhuri Srivastava Petitioner Counsel :- Sankatha Rai,Dr.Vinod Kumar Rai Respondent Counsel :- Chandra Prakash,Anubhav Chandra,S.K. Srivastava Hon'ble Sanjay Misra,J.

This is an application for substitution of the sole respondent, Late Smt. Madhuri Srivastava. It is supported with an affidavit. It is stated that the sole respondent Smt. Madhuri Srivastava died on 13.3.2009 and this application has been made within time.

Sri Anubhav Chandra, Advocate states that he has filed his power on behalf of the heirs and legal representatives of the deceased sole respondent and he does not oppose this application.

In view of the aforesaid circumstances, this substitution application is allowed. Let the heirs and legal representatives of the deceased sole respondent as mentioned in paragraph 2 of the affidavit be substituted in the array of the parties. Necessary substitution be carried out within two weeks.

Order Date :- 4.2.2010 Lbm/-

Court No. - 19

Civil Misc. Substitution Application No. 57374 of of 2003 IN Case :- SECOND APPEAL No. - 1079 of 1988 Petitioner :- Smt. Shail Srivastava Respondent :- Smt. Madhuri Srivastava Petitioner Counsel :- Sankatha Rai,Dr.Vinod Kumar Rai Respondent Counsel :- Chandra Prakash,Anubhav Chandra,S.K. Srivastava Hon'ble Sanjay Misra,J.

This is an application for substitution of the appellant no.1 Late Smt. Shail Srivastava. It is supported with an affidavit. It is stated in the affidavit that Smt. Shail Srivastava, appellant no.1 died on 23.1.2003 and this application has been made within time.

Learned counsel for the respondent does not oppose this application. The power on behalf of of the heir and legal representative of the deceased appellant no.1 has been filed by Sri Sankatha Rai, Advocate.

In view of the aforesaid circumstances, this substitution application is allowed. It is stated in paragraph 4 of the affidavit that the heir and legal representative of the deceased appellant no.1 is already on record namely Pradeep Kumar Srivastava as appellant no.2 in the array of the parties. Let a note be made against the name of deceased appellant no.1.

Order Date :- 4.2.2010 Lbm/-