HASHAMA BANO AND 3 OTHERS v. ADDL. DISTRICT JUDGE/SPECIAL JUDGE (NDPS ACT) BALRAMPUR AND 12 OTHERS
A227/1264/2025 · 2025-03-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127523 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14333 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1264 of 2025 Petitioner :- Hashama Bano And 3 Others Respondent :- Addl. District Judge/Special Judge (Ndps Act) Balrampur And 12 Others Counsel for Petitioner :- Pradeep Kumar Shukla Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and perused the record.
2. The present petition has been filed by the petitioner challenging the order dated 21.09.2016 whereby the substitution application filed at the instance of the petitioner for substituting her heirs after the death of her husband was rejected as well as the order dated 19.12.2023 whereby the revision was dismissed.
3. The contention of the counsel for the petitioners is that the petitioner is an illiterate lady and the second wife of the plaintiff no. 3 in the Suit no. 23 of 1989 and after his death, was entitled for substitution, however, on account of her illiteracy she was misled by her step daughter. He argues that after the dismissal of the application, the petitioner could gather the document, which clearly demonstrate her as the wife of the deceased-plaintiff no. 3, however, he admits that the said documents could not be placed before the trial Court when the impugned orders were passed.
4. In view thereof, the present petition is disposed of permitting the petitioner to file an application for review/recall of the order dated 21.09.2016, the said review/recall shall be filed on the ground that the documents could not be procured by her earlier and are being filed before the appropriate Court. The trial Court shall pass orders on the review/recall application and considering the documents filed by the petitioner shall decide the
substitution application afresh on the basis of the material produced after hearing the parties. The
order dated 19.12.2023 shall not come in the way of deciding of the application afresh on the basis of the direction issued and on the basis of the materials as may be produced by the parties.
5. The petition is disposed of in terms of the above.
Order Date :- 10.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench