HARJEET SINGH Vs. RAJ KISHORE

JUDGEMENT

(1.) Special leave granted.

(2.) When the Second Appeal No. 1433/71 preferred by the present appellant was pending before the High Court of Allahabad, it appears that respondent No. 3 died on July 6, 1976. An application for substitution was made on October 18, 1976. This is undoubtedly after ninety days from the date of death but before the expiry of sixty days within which an application to set aside abatement has to be moved. We have seen the application made by the appellant requesting the Court to condone the delay and grant substitution. This application was rejected by the order dated September 19, 1979. Surprisingly, the present appellant should have challenged that order. It however appears that he waited till the matter was formally on board. The High Court on July 2, 1980 disposed of the appeal by observing that the appeal has abated. More curiously, the appellant challenged in this appeal the order dated July 2, 1980 but not the order dated September 19, 1979.

(3.) This is, of course, technically improper. But when we are looking at the matter under Art. 136 of the Constitution, these minor technicalities of procedural part should not come in our way from doing substantial justice. Therefore, at the oral request of the learned counsel, we treat this appeal as also against the order rejecting the application for substitution.