Court No. - 11 Case :- RENT CONTROL No. - 199 of 2002 C.M.Application No.314/07, C.M.A.No.465/07 and C.M.A.No.466/07 Petitioner :- Mahesh Prasad Respondent :- Iiird Addl.District Judge Faizabad And Others 13 Petitioner Counsel :- Manjive Shukla,Amitabh Misra,G.C. Verma,Murli Manohar Srivastava,Pramod Shanker Shukla,R.N. Shukla Respondent Counsel :- C.S.C.,J.N. Mathur Hon'ble Anil Kumar,J.
Heard learned counsel for the parties.
Learned counsel for the petitioners submits that respondent no.3 has died as
such application for substitution along with application for condonation and
setting aside abatement have been moved.
On 9.5.2007 this Court has issued notices to the proposed heirs of the
deceased respondent no.3 on the said applications.
Office has submitted its report on 28.9.2007, inter alia, stating therein that the
notices of the proposed heirs of the deceased respondent no.3 i.e. 3/1 to 3/6
are deemed to be served in view of the provision under Chapter VIII, Rule
XII of the Rules of the Court, 1952.
Accordingly, the substitution application is allowed and in place of deceased
respondent no.3 his heirs be substituted as respondent nos. 3/1 to 3/6.
Let the necessary amendment be made within a week and learned counsel for
the petitioner may also take steps for service on newly added respondent.
List thereafter.
Order Date :- 18.1.2010
Aks