Substitution application has been filed with a prayer to substitute the wife of the nephew of the applicant Smt. Munni Tewari in place of the sole applicant as the applicant had executed a Will in her favour and she is in possession of the property in question. The substitution application alongwith an affidavit annexing copy of the death certificate of the applicant, who is said to have died on 28.4.2001 has been moved on 13.5.2016 along with delay condonation application. The case was dismissed in default only on 5.1.2001 and during this period the applicant has failed to move any application for substitution of the legal heirs of the applicant. Thereafter a restoration application was filed on 28.8.2014 for recalling the order dated 5.1.2001 which was allowed by another Bench of this Court vide order dated 1.12.2015.
The grounds taken in the substitution application to substitute Smt. Munni Tewari as legal heir of the applicant is in a very casual manner hence this Court is not inclined to allow the substitution application at this belated stage.
Accordingly, the substitution application is dismissed.
Since the substitution application is dismissed, the application also stands dismissed as abated.
Let the file be consigned to record. The office is directed to communicate this order to the court concerned through FAX within a week.
Order Date :- 21.7.2016 RU