Case Note & Summary
The case involved two writ petitions filed by Hafizuddin and others against the State of Bihar. The court noted that an order dated 19.12.2008 required the petitioners to file a substitution petition, which had not been done. During the hearing on 18.05.2011, the counsel for the petitioners and private respondents were present, and the court perused the office notes. The court granted a final extension of five weeks for the petitioners to file the necessary substitution petition, indicating that failure to do so would result in the rejection of the applications without further reference to a bench. This decision emphasized the importance of adhering to procedural requirements in civil litigation.
Headnote
A) Civil Procedure - Substitution Petition - Requirement for Filing - Code of Civil Procedure, 1908, Order 22 - Petitioners failed to file a substitution petition as required by the court's order. The court granted an extension of five weeks for compliance, failing which the applications would be rejected without further reference. Held that procedural compliance is essential for the continuation of the applications (Paras Not mentioned).
Issue of Consideration
Whether the petitioners complied with the requirement to file a substitution petition.
Final Decision
The court granted five weeks for the petitioners to file the substitution petition, failing which the applications would be rejected.
Law Points
- Substitution petition
- procedural compliance
- time extension
