Sunil Kumar Banerjee And Others vs Commissioner Gorakhpur Division And Others

Court No. - 34

Case :- WRIT - C No. - 14583 of 1995 Petitioner :- Sunil Kumar Banerjee And Others Respondent :- Commissioner Gorakhpur Division And Others Counsel for Petitioner :- R.Verma,Rajesh Ji Verma,S. P. Lal Counsel for Respondent :- C.S.C.,Chandrajeet Yadav,S.L.Yadav,Sahab Tiwari

Hon'ble Sudhir Agarwal,J.

1. This is an application seeking condonation of delay in filing substitution application. The substitution application has been filed with a delay of 9 years and more in respect of petitioner-1 who died on 15.02.2010 and 12 and half years in respect of petitioner-2, who died on 15.11.2006.

2. In the affidavit appended to this application only explanation is that heirs of petitioners are residing at Calcutta and they were not aware of pendency of this writ petition.

3. However, from record we find that pairavi of this case is being done by one Radhey Raman, resident of Village Jungle Dumri, Tola Radahawa, Mauja No. 2, Post Jungle Dumri, District Gorakhpur, who sworn rejoinder affidavit on 12.09.2006. Thus it is evident that on behalf of petitioners another person was doing pairavi residing in State of U.P. and it is not the case that person who was doing pairavi of petitioners' case was not aware of the death of petitioners-1 and 2 though petitioner-2 died just about two months after filing of rejoinder affidavit.

4. These facts apparently show that explanation given in affidavit is incorrect and this long delay, therefore, has not been properly explained.

5. The application is accordingly rejected.

Court No. - 34

Case :- WRIT - C No. - 14583 of 1995 Petitioner :- Sunil Kumar Banerjee And Others Respondent :- Commissioner Gorakhpur Division And Others Counsel for Petitioner :- R.Verma,Rajesh Ji Verma,S. P. Lal Counsel for Respondent :- C.S.C.,Chandrajeet Yadav,S.L.Yadav,Sahab Tiwari

Hon'ble Sudhir Agarwal,J.

The application seeking condonation of delay in filing substitution application having been rejected vide order of date, this application being barred by limitation, is accordingly rejected.

Order Date :- 25.4.2019 AK-(Appl. No. 5 of 2019)

Court No. - 34

Case :- WRIT - C No. - 14583 of 1995 Petitioner :- Sunil Kumar Banerjee And Others Respondent :- Commissioner Gorakhpur Division And Others Counsel for Petitioner :- R.Verma,Rajesh Ji Verma,S. P. Lal Counsel for Respondent :- C.S.C.,Chandrajeet Yadav,S.L.Yadav,Sahab Tiwari

Hon'ble Sudhir Agarwal,J.

1. Petitioners-1 and 2 having already died and substitution application for bringing their legal heirs on record having been rejected vide order of date, this writ petition stands abated qua petitioners-1 and 2.

2. Further the cause of action being common, in absence of petitioners-1 and 2, no cause of action survives and writ petition stands abated in its entirety.

3. Dismissed accordingly.