MOHIT KUMAR Vs. LILU KUMAR

JUDGEMENT

(1.) C.M.Application No.43505 of 2008and Objections C.M.Application No.43505 of 2008 by petitioner Shri Mohit Kumar under section 151 of the Code of Civil Procedure in Testamentary Case No.1 of 2004 was filed on 12-05 -2008 for extension of time for filing application for amendment of the petition in pursuance of the order dated 27.3. 2008, passed by Hon'ble the Supreme Court, on the ground that he has moved application for permission to implead four persons as respondents, therefore in the interest of justice time be granted for filing amendment application until application to implead four person is decided.

(2.) THE objections of respondent no.3 against this application are that the application of petitioner is against the order passed by the Hon'ble Apex Court with the consent of the parties in Civil Appeal No.2159 of 2008 arising out of SLP (C) No.463 of 2007 (Himalayan Institute Hospital Trust and another Vs. Mohit Kumar and others).That the application under reply is a device to prolong the proceedings and is misconceived ,which is liable to be rejected. C.M.Application No.43506 of 2008 and Objections

(3.) THAT after the order of the Hon'ble Apex Court no other person can be allowed to be impleaded in place of the respondent no.4,and 5 and impleadment of any person other than the persons directed by the Hon'ble Apex Court in the said order dated 27.3.2008 would amount to review/modification of the order of the Hon'ble Apex Court which is neither permissible nor is proper and the application under reply is absolutely misconceived, irrelevant and uncalled for, and is liable to be rejected. C.M.Application No.71747 of 2008, Objections and Reminder