RAJPAL Vs. PRAKASH DEVI & ORS

JUDGEMENT

(1.) Of course there is a provision of Article 227 in the Constitution of India, and this Court cannot prevent filing of frivolous petitions, but, courts have to as per the facts of the case pass orders, and which this Court is doing.

(2.) Challenge by this petition under Article 227 of the Constitution of India is to the impugned order dated 10.7.2014 which has condoned the delay of just 25 days in filing the application to bring on record the legal heirs of the deceased respondent no.1 in the first appeal. By the short impugned order of just about two pages, an application under XXII Rule 3(1) of the Code of Civil Procedure, 1908 (CPC) has been allowed and the legal heirs of respondent no.1 in the appeal have been brought on record.

(3.) I note that this petition as filed is totally bereft of the requisite pleadings as also the necessary documents filed in the trial court, because, not only the application for bringing on record the legal heirs of respondent no.1 is not filed, even the application which is filed for condonation of delay of 25 days has not been filed.