SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and Ruma Pal, JJ.

Civil Appeal No. 4682 of 1990. D/d. 14.3.2000.

Bhagat Singh - Appellant

Versus

State of Punjab and others - Respondents

Constitution of India, Article 133 - Civil Procedure Code, 1908, Order 22, Rule 1 - Rule - Legal representatives of the deceased brought on record - Application for withdrawal of appeal by sole legal representative - Withdrawal of appeal allowed.

[Paras 2 and 3]

JUDGMENT

The sole appellant in this case, one Bhagat Singh, died and application for substitution has been filed on behalf of the legal representative of said Bhagat Singh. The substitution application is allowed.

2. Learned counsel who appears in this case submits before us that the appellant wants to withdraw this appeal. The legal representative of the original appellant have also filed an application for withdrawal of the appeal supported by an affidavit in which it has been stated that on account of the death of her father she does not want to pursue the appeal any longer.

3. Learned counsel for the respondents states that the legal representative who has now been brought on record is the sole legal representative of the deceased Bhagat Singh.

4. In the circumstances, this Interlocutory Application for withdrawal of appeal is allowed. The appeal is accordingly dismissed as withdrawn.

Appeal dismissed.