ABUL HASAN Vs. ADDL.COMMISSIONER IIND

JUDGEMENT

(1.) Order on Civil Misc. Delay Condonation Application No.268647 of 2012. :

(2.) A joint affidavit in support of aforesaid two applications has been file by one Abul Hasan. The aforesaid substitution application has been filed on 10.09.2012. The reason for delay has been stated in paragraph 5 to 8 of the affidavit which are being extracted hereinbelow:-

(3.) The respondent no.2 filed counter affidavit to the aforesaid delay condonation application contending inter alia that petitioner in paragraph 5 of the affidavit has not stated the date of filing the substitution application in Case No.54 of 2008 (Shamsul Hasan Vs. Saliya Khatoon) pending before Civil Judge (Junior Division), Khaga, District Fatehpur. It is further stated that the deceased and petitioners belonged to one family and were neighbours, and petitioners had full knowledge about the death of respondent nos.3 and 4. Thus, the delay in filing the substitution application was deliberate and intentional. It is further stated that the abatement application filed by respondent no.2 was served in the office of counsel for petitioner on 20.04.2012, and petitioners filed substitution application on 09.09.2012 after 114 days from the date of receiving the abatement application without stating the cause for delay of 114 days in filing the substitution application. On the basis of aforesaid pleadings, respondent no.2 has prayed for dismissal of the delay condonation application.