LAWS(ALL)-1996-2-138

SATYA NARAIN PARASAR Vs. COLLECTOR ETAH

Decided On February 01, 1996
SATYA NARAIN PARASAR Appellant
V/S
COLLECTOR, ETAH Respondents

JUDGEMENT

(1.) HEARD Mr. Vivek Singh for petitioner and Mr. R. N. Bhalla' for the respondents.

(2.) MR. Vivek Singh, learned counsel for the petitioner informs that sole petitioner Satendra has breathed his last during pendency of the writ petition, therefore, prays for time to file suitable application for bringing legal heirs and representatives of deceased on record.

(3.) WE may point out that writ proceedings and writ jurisdiction of this Court is not a civil jurisdiction ; therefore, the provisions of C.P.C. will not mutatis mutandis apply to the writ proceedings and only principles will apply, as such only principles relating to substitution are to be followed and after the death of any party to writ proceedings, application for substitution be made as early as possible and in case some delay is caused in making the substitution application, it is for the party concerned to explain the same reasonably but the same is not to be tested strictly on the test of Order XXII, C.P.C. or Articles 120 and 121 of Limitation Act.