LAWS(MPH)-2003-9-29

MOHD NAVED Vs. HINDUSTAN PETROLEUM CORPORATION

Decided On September 26, 2003
MOHD.NAVED Appellant
V/S
HINDUSTAN PETROLEUM CORPORATION Respondents

JUDGEMENT

(1.) THIS appeal was originally preferred by Mohd. Sayed and Smt. Shamina Sultan. Both of them are dead and the present appellants are their legal representatives. Earlier this appeal was finally heard on 7-10-2002, and was decided on 9-l-2003. During the course of hearing, when this appeal was heard earlier, neither any application was filed by the present appellants for their substitution, nor it was brought in our notice that both the appellants were dead, when the appeal was heard. After the pronouncement of the judgment the present appellants by filing an application under Order 22 Rules 3 and 9of the Code of Civil Procedure, sought permission for their substitution. The said application was registered as M. C. C. No. 262/2003 and was decided and allowed by this Bench on 21-7-2003. In this manner the present appellants are brought on record in the appeal and as directed in the order dated 21-7-2003, in M. C. C. No. 262/2003, this appeal was re-listed for hearing.

(2.) MR. Justice Brennan has said :-

(3.) IN the words of Mr. William Watson :-