Ajay Bhanot,J. - (1.) Heard Sri Akhilesh Tripathi, learned counsel for the petitioner, learned Standing Counsel for the respondent-State and Sri K.M. Asthana, learned counsel assisted by Sri Prabhav Srivastava, learned counsel for the respondent No.4.
(2.) The father of the petitioner late Vijay Pal Singh had carried the order passed by the learned reference court in appeal by instituting the First Appeal No.395 of 2001 (Vijay Pal Singh Vs. State of U.P. and others). The father of the petitioner was prosecuting the first appeal before this Court. The first appeal was decided by this Court by judgment and order dated 09.10.2014. The matter was remitted by this Court to the learned reference court by judgment and order dated 09.10.2014.
(3.) The father of the petitioner had expired in the year 2012. The records of the first appeal were transmitted to the court of learned reference court in the year 2017. The petitioner moved an application before the learned reference Court in Misc. Case No.557 of 2017 (Vijay Pal Singh Vs. State of U.P. and others) for hearing of the reference. The hearing of the reference commenced thereafter. The petitioner was able to access the full records of the case only on 04.11.2019, before the learned reference court. It was on that date the petitioner got knowledge that the substitution application was not filed on his behalf after the death of his father. The petitioner immediately upon getting such knowledge moved a substitution application for being substituted in place of deceased father/Vijay Pal Singh. An application under Section 5 of the Limitation Act for condonation of delay was filed in aid of the substitution application.;