Sudhir Agarwal, J. - (1.) THIS is a very old matter of 26 years and has been shown in the cause list under the heading "Old Cases". Sri K.C. Saxena, Learned Counsel for the petitioner, at the outset, requested for adjournment. The Court declined to accept the request. The reason is evident from perusal of the order sheet. The writ petition was admitted on 1.11.1985. On 16.5.2007, it was listed before Hon'ble Tarun Agarwal, J. and was dismissed for non -prosecution. It was restored on 30.7.2008 by Hon'ble Rakesh Tiwari, J. Again it was dismissed for non -prosecution by Hon'ble Shishir Kumar, J. on 27.11.2007 and was restored on 30.7.2007. Third time, it was dismissed for non -prosecution on 18.9.2008 by Hon'ble Shishir Kumar, J. and was restored on 26.3.2009. Then Hon'ble Dilip Gupta, J., dismissed the writ petition in default on 5.10.2009 and restored on 24.11.2009. Lastly, Hon'ble S.U. Khan, J., dismissed in default on 4.7.2011 and restored on 23.8.2011.
(2.) LEARNED Counsel for the petitioner thereafter took a plea that two applications are pending and first of all, those applications should be considered. The first one is Civil Misc. Impleadment Application No. 101849 of 2007 under Order I, Rule 10, Order XXII, Rule 3 and section , C.P.C. along with application under section of the Limitation Act, registered as Civil Misc. Delay Condonation Application No. 101848 of 2007. It seeks impleadment of Satish Chandra Sharma, Mukesh Chandra Sharma, Radhey Govind, Rajendra Kumar Sharma, all sons of Late Kunj Bihari Lal, as petitioners in place of the sole petitioner Madan Lal, who has died, but along with Radhey Shyam who was already impleaded.
(3.) IT appears from record that the sole petitioner Madan Lal died on 12.1.2000. A Substitution Application No. 24526 of 2000 was filed by one Rajendra Kumar Sharma, son of Late Kunj Bihari Lal, on 15.3.2000, whereon, notice was issued on 21.5.2004. Another Substitution Application No. 49007 of 2000 was filed by one Radhey Shyam, son of Madan Lal, on 5.7.2000, which was allowed on 2.1.2003 and Radhey Shyam was substituted as heir and legal representative in place of sole petitioner Madan Lal. The Court passed the following order: - - The application is allowed. Name of sole petitioner, Madan Lal be deleted from array of the parties and in his place, the name of his son Radhey Shyam be substituted as his heir and legal representative.;