K.N. Misra, J. - (1.) THIS writ petition was dismissed as not pressed vide order dated 27th July, 1982 passed on an application moved on behalf of the Petitioners by the under noted order: Learned Counsel for the Petitioner Sri. R.S. Misra states that the writ petition may be dismissed as not pressed. The learned Counsel for the opposite parties has no objection to it. The writ petition is accordingly dismissed. Parties shall bear their own costs. The interim order dated 12th October, 1981, is hereby vacated. A certified copy of this order may be issued to the learned Counsel for the Petitioner on payment of necessary charges today, if possible. Sd. K.N. Misra, J.27 -7 -1982."
(2.) THE said application was accompanied by an affidavit of Sri. Ram alias Shri Ram Singh, Petitioner No. 2, as pairokar of all the other Petitioners in the above mentioned writ petition. Sri. R.S. Misra, who had presented the said application and on whose statement the writ petition was dismissed as not pressed, was Counsel for the Petitioners, and a Vakalatnama duly signed by Petitioners Nos. 1 to 10 is on record. Srimati Lilawati wife of Sheo Narain Singh, who claims to be daughter and legatee on the basis of a registered will dated 11th May, 1982 said to have been executed by Srimati Raghubanshi, Petitioner No. 10, moved an application dated 22nd September, 1982 for recalling the order dated 27th July, 1982 by which the writ petition was dismissed as not pressed. The applicant in her application has averred that Petitioner No. 3 Nageshar died on 28th June, 1982 leaving behind his widow Srimati Munia as his heir and successor and that Petitioner No. 10 Srimati Raghubanshi had also died on 30th June, 1982 and the applicant Smt. Lilawati is the daughter and legatee on the basis of aforesaid will of the deceased Petitioner No. 10, Srimati Raghubanshi. It has further been averred that the applicant's husband, on inspection of the record of the writ petition made on 21st September, 1982, came to know that the writ petition was surreptitiously got dismissed as not pressed and that since Petitioners No. 3 and 10 had already died, Sri. R.S. Misra, Advocate, had no lawful authority to get the above writ petition dismissed as not pressed. Since the aforesaid legal heirs and representatives of deceased Petitioners No. 3 and 10 were not brought on record and Sri. R.S. Misra, Advocate, was not their counsel and as such the writ petition could not be dismissed as not pressed on the statement of learned Counsel for the Petitioners. The applicant, thus, prayed that the said order dated 27th July, 1982, be recalled and the writ petition be restored and be heard on merits. An application for substitution has also been moved.
(3.) I have heard learned Counsel for the applicant, Sri. Sankatha Rai and also Sri. R.S. Misra as well as Sri. S.N. Singh, Advocate who represents the opposite parties. Arguments were heard at some length on the said application as well as on the merits of the writ petition.;