SHANTI DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATON

JUDGEMENT

(1.) Both the applicants claim themselves to be legal heir and representative of sole petitioner late Shanti Devi. The applicant of Substitution Application No. 287860 of 2008 claim himself to be sole surviving heir of late Shanti Devi whereas the applicant in Substitution Application No. 322897 of 2009 claim herself to be daughter of late Shanti Devi. Both sides dispute status of each other and their relation to late Shanti Devi, Sri M. A. Qadeer learned senior counsel assisted by Sri Shamim Ahmad appears in Substitution Application No. 287860 of 2008 whereas Sri V. M. Zaidi, learned senior counsel assisted by Sri S.M.G. Asgar, appears in Substitution Application No. 322897 of 2009.

(2.) It is not in dispute that late Shanti Devi had filed writ petition and she has passed away. In both the applications, the applications praying for condonation of delay in filing the substitution application have been allowed, Both the applications have been filed under Order XXII, Rule 3 of the Code of Civil Procedure.

(3.) For deciding the rival claim for substitution, the language used under Rule 3 and Rule 5 of Order XXII of Code of Civil Procedure are required to be examined, which are reproduced herein under: