Court No. - 4 Case :- WRIT - C No. - 5036 of 2010 Petitioner :- Gulab Chand Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Madhukar Roy,Gopesh Kr. Gupta Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Aggrieved by the order dated 21.11.2009 passed by the lower
appellate court allowing the substitution application to substitute
heirs of deceased respondent no. 4, the petitioner has approached
this Court.
It is contended that there was no good ground for condoning delay
in moving substitution application, yet the lower appellate court
has wrongly and illegally condoned delay and allowed substitution
application.
I have considered the argument advanced by the learned counsel
for the petitioner and perused the record.
A perusal of the record goes to show that reason set out in the
application was that appellants were resident of different village
whereas deceased was residing in different village as such they
could not attain knowledge of his death and it is only when they
were informed on 6.8.2009 by one Pintoo, they made enquiry and
after that moved substitution application.
In my opinion, lower appellate court, in the facts and
circumstances of the case, has rightly condoned delay in moving
substitution application and the order impugned does not warrant
interference.
The writ petition accordingly fails and stands dismissed.
Order Date :- 4.2.2010
Dcs