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1983 Supreme(SC) 122

R.S.PATHAK, RANGANATH MISRA
Balram – Appellant
Versus
Additional District Judge – Respondent


Advocates:
A.K.SEN GUPTA, O.P.MALHOTRA, PRAMOD SVARUP, S.DIXIT

Judgment

RANGANATH MISRA, J.:- This appeal by special leave seeks to assail the decision of the Allahabad High Court in a proceeding under Article 226 of the Constitution refusing to quash an order of the IIIrd Additional District Judge, Kanpur holding that Ceiling Appeal No. 189 of 1976 under the U. P. Imposition, of Ceiling on Land Holdings Act, 1960, had abated for non-substitution of the sole appellants legal representatives.

2. The ceiling appeal in question had been carried by one Rameshwar and during its pendency the sole appellant died on January 9. 1980. Balram, Ram Bahadur and Jugal Kishore who are the three sons of Rameshwar moved the appellate Court for substitution of their names as legal representatives in place of Rameshwar on October, 25, 1980. They applied for setting aside of abatement and condonation of delay. The Additional Distt. Judge took the view that there was no sufficient cause for condonation of delay and good reasons had not been shown for vacating abatement. Accordingly the appeal was dismissed. An application under Article 226 was made before the Allahabad High Court for quashing of the appellate order. It was contended that there was no period of limit











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