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2012 Supreme(All) 1333

RAN VIJAI SINGH
Shanti Devi – Appellant
Versus
Deputy Director of Consolidaton, Moradabad and Others – Respondent


Advocates:
Counsel for the Petitioner: M.A. Qadeer, Shamim Ahamd, Anees Ahmad, R.P.S. Chauhan, R.R. Khan, V.M. Zaidi, S.M.G. Asgar, S.C. Sinha , A.K. Tripathi.
Counsel for the Respondents: Anu-pam Kulshrestha, Brijesh Yadav , K. Srivastava, C.S.C.

Ran Vijai Singh, J.—

Re :— Civil Misc. Substitution Applications No. 287860 of 2008 and 322897 of 2009 are taken up for orders.

Both the applicants claim themselves to be legal heir and representative of sole petitioner late Shanti Devi. The applicant of Substitution Application No. 287860 of 2008 claim himself to be sole surviving heir of late Shanti Devi whereas the ap#31;plicant in Substitution Application No. 322897 of 2009 claim herself to be daugh#31;ter of late Shanti Devi. Both sides dispute status of each other and their relation to late Shanti Devi.

2. Sri M.A. Qadeer, learned Senior Counsel assisted by Sri Shamim Ahmad appears in Substitution Application No. 287860 of 2008 whereas Sri V.M. Zaidi, learned Senior Counsel assisted by Sri S.M.G. Asgar, appears in Substitution Application No. 322897 of 2009.

3. It is not in dispute that late Shanti Devi had filed writ petition and she has passed away. In both the appli#31;cations, the applications praying for condonation of delay in filing the substi#31;tution application have been allowed. Both the applications have been filed under Order XXII, Rule 3 of the Code of Civil Procedure.

Heard learned Counsel for the par#31;ties.

4. Fo


















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