Hashama Bano and 3 Others v. Addl. District Judge/Special Judge (Ndps Act) Balrampur and 12 Others
Case brief
What is this about?
Article 227 writ petition; substitution application of heirs after plaintiff's death; illiterate second-wife petitioner allegedly misled by step daughter; Suit No. 23 of 1989 before Addl. District Judge/Special Judge (NDPS Act), Balrampur; rejection of substitution application by order dated 21.09.2016; revision dismissed by order dated 19.12.2023; review/recall permitted on ground documents procured belatedly; substitution application to be decided afresh on materials produced after hearing parties; order dated 19.12.2023 not to operate as a bar; counsel Pradeep Kumar Shukla; neutral citation 2025:AHC-LKO:14333; decision date 10.3.2025.
What did the court decide?
Permission granted to the petitioner to file a review/recall application against the order dated 21.09.2016 on the footing that the supporting documents could not be procured earlier; the trial Court is to adjudicate the review/recall and decide the substitution application afresh on the documents/materials produced after hearing the parties; the order dated 19.12.2023 is not to preclude such fresh consideration.