Rajesh Dayal Khare, J. - (1.) LIST has been revised. Learned Counsel for the Petitioner is present. Sri Madhav Jain and Sri Yasharth are not present even in the revised list.
(2.) THE present writ petition has been filed for a writ of certiorari quashing the orders dated 23.10.2002 and 26.7.2000 passed by the Additional District Judge, Court No. 16, Agra whereby the appeal filed by the Petitioner was dismissed on the ground of delay and the restoration application/recall application filed by the Petitioner was disposed on the ground that the said Court does not have power to recall the order. Learned Counsel for the Petitioner has contended that father of the Petitioner had filed Original Suit No. 212 of 1999 before the Ist Additional Civil Judge, Agra for permanent injunction which was dismissed vide judgment and order dated 2.4.1999. Aggrieved by the aforesaid order father of the Petitioner filed Misc. Civil Appeal No. 135 of 1999 before the District Judge, Agra which was subsequently transferred to the Court of XVIth Additional District Judge, Agra. During the pendency of the appeal father of the Petitioner died and the substitution application was filed within 90 days for getting the Petitioner substituted in place of his father. The substitution application was to be filed by 23.7.2000 as 90 days was to lapsed on the said date.
(3.) IT is contended that the Petitioner fell ill on 22.7.2000 and remained ill till 28.8.2000. Accordingly, the substitution application was dismissed. It is stated that the substitution application was moved after the delay of three days as alleged by the learned Counsel for the Petitioner. It is contended that the lower Court as well as the appellate Court passed the orders impugned illegally and against the provisions of law.;