GURBUX SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD .

(2.) THIS petition was filed before the Allahabad High Court in the year 1990. After creation of State of Uttarakhand, no notice was sent to the petitioner about transfer of the case, to this Court. The matter was listed on board on 16.12.2003 and it was dismissed for want of prosecution. The petitioner died on 28th November, 2013.

(3.) LEARNED Standing Counsel for the State opposed all the applications by filing objection (IA No. 2245/14) on the ground that day -to -day delay has not be explained and there is no justification for condoning the delay, inasmuch as, the applications have been filed through the power of attorney of the applicants, which is not permitted under the law. In so far the application seeking substitution is concerned, counsel for the State raised objection with the averment that in the Will, which is said to have been executed, the land in question was given to the grandson, therefore some of the applicants cannot be substituted.