Case Note & Summary
The case involved a petition filed by Mohan Lal Yadav against the State and others, registered as CWJC No.2894 of 1991. On 14th December 2010, the court noted that nobody appeared on behalf of the petitioner, and the office pointed out that a substitution petition for the sole petitioner had not been filed despite a prior order dated 8th October 2010. The court, acknowledging the absence of compliance, granted a last indulgence of two weeks for the filing of the substitution petition. The court indicated that failure to comply would lead to the rejection of the application without further reference to a Bench. This decision underscored the importance of adhering to procedural requirements in civil litigation.
Headnote
A) Civil Procedure - Substitution of Parties - Compliance with Procedural Requirements - Code of Civil Procedure, 1908, Order 22 - The court granted a last indulgence of two weeks for filing a substitution petition after noting non-compliance with previous orders. The failure to file the substitution petition would result in rejection of the application without further reference to a Bench - Held that procedural compliance is essential for the continuation of the case (Paras Not mentioned).
Issue of Consideration
Whether the petitioner can be substituted in the absence of compliance with procedural requirements.
Final Decision
The court granted a last indulgence of two weeks for filing the substitution petition, failing which the application would be rejected without further reference to a Bench.
Law Points
- Substitution of parties
- procedural compliance
- time extension
