Mitthoo Lal v. B.R.

Court No. - 22

Case :- WRIT - B No. - 5242 of 1983

Petitioner :- Mitthoo Lal & others Respondent :- B.R.

Counsel for Petitioner :- V.B.L. Srivastava,V.D. Ojha,Vibhav Dutt Ojha Counsel for Respondent :- S.K. Mishra,D.S.M. Tripathi,S.C.,Udai Bhanu Singh

Hon'ble Salil Kumar Rai,J.

Heard Shri Vibhav Dutt Ojha, learned counsel for the petitioners and Shri Udai Bhanu Singh, counsel for the respondent.

Second Appeal No.894 of 1971-72 was filed by one Jagroop and respondent nos. 3 to 6 against the petitioner nos.5 to 8 and Jagdeo, the father of petitioner nos. 1 to 4. Jagdeo i.e. the father of the petitioner nos. 1 to 4 was impleaded as respondent no. 5 in the aforesaid Second Appeal.

During the pendency of the second appeal before the Board of Revenue, Jagdeo died on 18.3.1978. A substitution application was filed by the appellants/respondents on 1.1.1979 praying that the heirs and legal representatives of the deceased Jag Deo who are petitioner nos. 1 to 4 in the present writ petition be substituted in place of Jag Deo.

It appears that in the substitution application as initially filed, the date of death of Jag Deo was not stated but a delay condonation application was filed stating that the delay in filing the substitution application was because Jagroop was doing pairvi of the case on behalf of the appellants and the said Jagroop was ill and bed ridden because of tuberculosis.