Reserved Court No. - 10 Case :- CONSOLIDATION No. - 505 of 1986 Petitioner :- Rameshwar Bux Singh Respondent :- D.D.C. & Others Petitioner Counsel :- R.K. Sharma Respondent Counsel :- C.S.C. Hon'ble Yogendra Kumar Sangal,J.
I have gone through the records. Respondent No. 2 was served, but no counter
affidavit/objection was filed on his behalf. Later on, writ petition was
dismissed and the same was restored at its original number.
During the pendency of the matter, respondent No. 2 had also died and on the
application of the petitioner, his heirs were substituted. On behalf of the heirs,
a Valakatnama was brought on the record vide Application No. 12108 of
2010. Although, Vakalatnama of Sri Rajendra Kumar is on the record and his
name appears in the cause list, but no counter affidavit/objection was filed on
behalf of the heirs of respondent No. 2. From the records, it also reveals that
counter affidavit was not called for from the heirs of respondent No. 2 after
they were substituted in the matter.
Seen the fact that although respondent No. 2 has not filed counter
affidavit/objection, it will be proper to give one more opportunity to the heirs
of deceased respondent No. 2 to file counter affidavit, if they needed. If any
such counter affidavit is filed within three weeks, rejoinder affidavit be filed
within one week thereafter.
List the matter thereafter. Learned counsel for the petitioner will also inform
the counsel for the heirs of respondent No. 2 in writing about the order of this
Court.
Order Date :- 9.7.2010
Rakesh