AI Structured Summary
Not yet generated for this judgment
Judgment
Gautam Kumar Choudhary, J
I.A. No.8492 of 2024.
Heard, learned counsel for the petitioner on the aforesaid I.A. filed under Order XXII, Rule 3 of CPC for substitution of legal heirs of sole writ petitioner (Karu Singh) in W.P.(C) No.4482 of 2007 which was dismissed for default vide order dated 10.08.2011.
It is submitted by learned counsel for the petitioner that the sole writ petitioner died on 29.05.2010 during pendency of the said Writ Petition and, therefore, no steps could be taken. Consequently, it was dismissed for default on account of non-prosecution.
The present petitioner had no knowledge about the pendency of the aforesaid Writ Petition. After coming to know about the said Writ Petition being dismissed for default, petitioner has moved this Court for restoration of the said Writ Petition and also for getting his name substituted in place of the original writ petitioner.
The fact of the matter is that the instant CMP is filed after inordinate delay of long time of about 12 years and in the meantime, destruction of the aforesaid Writ Petition has taken place. The order of substitution can be passed in a pending matter and not after the case has already been disposed of / destruction taken place.
Accordingly, I do not find any merit in the instant Interlocutory application and the same is hereby dismissed.
Consequently, the instant CMP also stands dismissed.