Dismissed

Ramashray v. Prabhudei

Allahabad HC1 Mar 2019WRIC/54422/2008

Case brief

AI extract

What is this about?

The Hon'ble High Court dismissed the writ petition challenging the lower courts' orders on recall and revision, finding no merit as the plaintiff had died. The court condoned delay and allowed substitution of the deceased respondent's heirs. The interim stay on the original suit was vacated.

What did the court decide?

Delay condonation and substitution of heirs allowed; writ petition dismissed; interim stay vacated.

Ramashray Vs Prabhudei — Civil Procedure and Limitation | Allahabad HC (2019)

¶1

Court No. - 59

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Case :- WRIT - C No. - 54422 of 2008

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Petitioner :- Ramashray Respondent :- Prabhudei Counsel for Petitioner :- Bhola Nath Yadav,Vinod Kumar Yadav Counsel for Respondent :- S.C.,Raj Karan Yadav

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Vinod Kumar Yadav, learned counsel for the petitioner. No one appears on behalf of the respondent even in the revised call.

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Order on Civil Misc. Delay Condonation Application No.355672 of 2017 and Civil Misc. Substitution Application No.355677 of 2017

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The sole plaintiff-respondent namely, Prabhudei died on 10.4.2017 leaving behind her heirs and legal representatives, as mentioned in the prayer clause of the substitution application.

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Cause shown for delay in filing the substitution application is sufficient. Therefore, the delay in filing the substitution application is condoned. The delay condonation application is allowed. Substitution Application is also allowed. The heirs and legal representatives of the plaintiffrespondent, as mentioned in the prayer clause of the substitution application are allowed to be substituted.

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Necessary correction be carried out within three days.

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Order on Amendment application No.193931 of 2015

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No order is required to be passed on this application in view of the order proposed being passed on the writ petition. Therefore, the amendment application is disposed of.

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Order on writ petition

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This petition has been filed challenging the order dated 25.8.2008 passed by the trial court rejecting the recall application (Paper No.78Ga), which was filed for recall of the order dated 31.7.2008 in Original Suit No.293 of 2001(Prabhudei v. Ramashrya). The petitioner has also challenged the order dated 15.9.2008 in Civil Revision No.412 of 2008 passed by the District Judge, Azamgarh, whereby the revision against the order dated 25.8.2008 was dismissed. On 31.7.2008, the plaintiff-respondent was present for cross examination but the defendant-petitioner did not cross examine her despite various calls given and, therefore the opportunity of cross examination of P.W. 1, was struck off and the case was directed to be listed for remaining evidence of the plaintiff.

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Undisputedly, the plaintiff i.e., P.W.1 has died on 10.4.2017. An interim order dated 21.10.2008 staying further proceeding in Original Suit No.293 of 2001 was passed, which is operating. The plaintiff-respondent Prabhudei has died to whom the petitioner wanted to cross-examine.

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Considering the facts and circumstances of the case, as briefly discussed above, I do not find any merit in this petition. Consequently, the writ petitioin is dismissed. Interim order dated 21.10.2008, granted earlier, stands vacated.

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Order Date :- 1.3.2019 Ak/

Ramashray v. Prabhudei

Case brief

What is this about?

What did the court decide?

Ramashray v. Prabhudei

Case brief

What is this about?

What did the court decide?

What the court decided

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