Court No. - 4 Case :- WRIT - C No. - 967 of 2010 Petitioner :- Tarique & Anr. Respondent :- Nafeesul Rehman & Ors. Petitioner Counsel :- Rahul Sahai Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioners.
It is contended that the application seeking condonation of delay in
moving the substitution application has wrongly and illegally been
rejected by the court below only on the ground that the petitioners
were delaying the proceedings without considering the grounds
mentioned in the affidavit filed in support of the application.
Prima facie, there appears to be force in the submission and the
matter needs scrutiny.
Issue notice to respondents, who may file counter affidavit.
Petitioners shall take steps for service of notice by registered post
within ten days.
Office shall issue notice returnable within six week.
List for admission immediately after expiry of the aforesaid
period.
Considering the facts and circumstances, till the next date of listing
further proceedings of Civil Appeal No. 368 of 1998, Zameer
Ahmad and another Vs. Nafeesul Rehman, pending in the court of
Additional District Judge (Court no. 7), Meerut shall remain
stayed.
Order Date :- 12.1.2010
Dcs