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Allahabad High Court

SMT. QAMRUNNISA AND OTHERSversusSMT. TAMIZAN AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The court allowed the substitution applications and condoned the delay.

Summary

The Allahabad High Court entertained multiple civil miscellaneous applications filed by the appellant Smt. Qamrunnisa and others. The court allowed the substitution applications, directing that the party list be corrected within a week. It also condoned the delay in filing the substitution application, finding the cause shown sufficient and noting no objection. The court ordered the necessary corrections in the array of parties and listed the appeal for the next cause list. The orders were dated 29 September 2022.

Issues considered

  • Whether the substitution of parties in the appeal should be permitted
  • Whether the delay in filing the substitution application can be condoned

Subjects

  • substitution of parties
  • condonation of delay
  • Civil Procedure Code
  • appeal procedure
  • high court order

Judgment

                                        Court No. - 4

                                        Case :- SECOND APPEAL No. - 1905 of 1978

                                        Appellant :- Smt. Qamrunnisa And Others
                                        Respondent :- Smt. Tamizan And Others
                                        Counsel for Appellant :- R.U.Ansari
                                        Counsel for Respondent :- Rajendra Kumar,Pankaj Kumar
                                        Mishra,Rajendra Kumar Srivastava

                                        Hon'ble Vivek Chaudhary,J.

                                        Order on :-Civil Misc. Substitution Application No.49755 of
                                        2015

                                        Substitution application is allowed.

                                        Let necessary correction be carried out in the array of parties
                                        within a week.

                                        Order on:- Civil Misc. Delay Condonation Application No.2
                                        of 2018

                                        No objection has been filed.

                                        Cause shown is sufficient. The application is allowed. Delay in
                                        filing the substitution application is hereby condoned.

                                        Order on :-Civil Misc. Substitution Application No.3 of 2018

                                        Substitution application is allowed.

                                        Let necessary correction be carried out in the array of parties
                                        within a week.

                                        Order on Appeal

                                        List in the next cause list.

                                        Order Date :- 29.9.2022
                                        S.K.




Digitally signed by SWEETY
KANOJIA
Date: 2022.09.30 13:59:06 IST
Reason:
Location: High Court of Judicature at
Allahabad


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