SHASHI PRABHA SHARMA Vs. KAMLA DEVI
LAWS(ALL)-2013-10-73
HIGH COURT OF ALLAHABAD
Decided on October 01,2013

Shashi Prabha Sharma Appellant
VERSUS
KAMLA DEVI Respondents

JUDGEMENT

- (1.) Civil Misc. Delay Condonation Application No. 350883 of 2012.
(2.) Civil Misc. Restoration Application No. 350885 of 2012. 1. Heard Sri U.K. Saxena, learned Counsel for the appellants and Sri Shyamal Narain, learned Counsel for the respondent. From the perusal of the record, the picture which emerges is as follows: 2. A Testamentary Suit No. 2 of 2000 was filed by the appellants before this Court. The said Testamentary Suit was dismissed for want of prosecution on 22.11.2005 "on the ground that Sri V. M. Sharma, learned Counsel for the appellants had got the matter adjourned for more than ten occasions and on his request, made on 21.11.2005, the matter was directed to be listed on the next date. On the next date i.e. on 22.11.2005, he did not appear and thus the matter was dismissed for want of prosecution."
(3.) Aggrieved against the order dated 22.11.2005, by means of which the Testamentary Suit No. 2 of 2000 was dismissed for want of prosecution, the Counsel for the appellants had filed application for substitution as well as for recall of the order dated 22.11.2005 along with the Delay Condonation Application.;


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