- (1.) P. C. Verma, J. Heard learned Counsel for the petitioner as well as learned Counsel for the respondents.
(2.) THE order dated 27-5-2002 is called. THE petition is restored. Now I proceed to dispose of the application for substitution dated 11-7-1997 moved by the petitioner. The substitution application No. 42889 of 1997 dated 11-7-1997 was moved by the petitioner within time but it was not supported with any affidavit as required under the provisions of Chapter IX Rule 12 of the High Court Rules (Allahabad), 1952. As per procedure in the Allahabad High Court, the Additional Registrar allowed one month's time to file affidavit. One month's time could not have been allowed as the limitation prescribes for 90 days and it expired on 20th August, 1997. The maximum time should have been allowed to file an affidavit by 20th August, 1997. However, after this application no affidavit was filed within a month but an application was filed on 20-1-1998 supported by an affidavit. The affidavit of Jogindar Singh S/o Kartar Singh who has been identified by Satya Nand, clerk of Sri R. K. Gupta, Advocate, District Court, Dehradun was filed, who in para 1 has alleged that he was authorized to file the affidavit and was duly conversant with the facts of the affidavit. In para 2 it has been stated that the petitioner Kartar Singh died on 21-5-1997, leaving behind the following heirs and legal heirs: 1. Gurbax Singh 2. Gurbachan Singh 3. Surjeet Singh Sons of late Kartar Singh 4. Baldev Singh
(3.) JOGINDER Singh Kuldeep Singh;