KRISHAN BAHADUR CHAND Vs. RAJENDRA DATT

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The appeal (Second Appeal No. 169 of 1980 as registered in Allahabad High Court, which is renumbered as Second Appeal No. 107 of 2001) was transferred to this Court under Sec. 35 of the UP. Re -organization Act, 2000. In said Sec. 35, which provides transferor" proceedings from Allahabad High Court to Uttaranchal High Court, words used are 'proceedings pending in the High Court of Allahabad'. Since, the appeal stood abated on 21 -02 -1990, in fact, there was no appeal pending on 09 -11 -2000, in the matter and the dead proceedings could not have been transferred under Sec. 35 of the aforesaid Act.

(3.) This is application No. 10898 of 2003 for substitution of legal representatives of the deceased Appellant and legal heirs of deceased Respondent, moved on behalf of legal representatives of the deceased Appellant.