Court No. - 19 Substitution application no. 24942 of 2007 in Case :- SECOND APPEAL No. - 542 of 1992 Petitioner :- Guru Charan Petitioner Counsel :- O.N. Misra Respondent Counsel :- J.B. Singh,Jai Singh Hon'ble Sanjay Misra,J.
These are two applications one for substitution of the appellant no.
1 namely Sri Guru Charan and the other to condone the delay in
filing the substitution application.
The application was served on learned counsel for the respondents
however no counter affidavit is available on record to oppose the
aforesaid applications. These applications are supported with an
affidavit. The reasons shown in the affidavit for delay in filing the
substitution application is sufficient and is not opposed by the
respondents. As such it is allowed. The delay in filing the
substitution application is condoned.
It is stated in the affidavit that the appellant no. 1 namely Sri Guru
Charan died on 1.2.2004 leaving behind his heirs and legal
representatives as mentioned in paragraph 2 of the affidavit. The
said facts is also not denied.
In view of the aforesaid circumstances this application is allowed.
Let the heirs and legal representatives of deceased appellant no. 1
namely Sri Guru Charan as mentioned in paragraph 2 of the
affidavit be substituted in his place. Office may incorporate the
substitution in the array of parties in the memo of appeal within
two weeks.
Order Date :- 6.1.2010
Pravin