Court No. - 53
Case :- SECOND APPEAL No. - 1580 of 1990 Appellant :- Smt.Shakuntala And Others Respondent :- Vishambhar Singh And Others Counsel for Appellant :- Prakash Chandra,Pankaj Kumar Tayagi,Smt. Archana Tyagi Counsel for Respondent :- R.D.Khare,Awdhesh Singh,P.B.Singh,P.S. Gupta,R.C. Singh,Raghvendra Shankar Srivastava,Ranjeet Shone,S. Kumar,V.K. Rathi
Hon'ble Vivek Agarwal,J.
Heard on application seeking condonation of delay in filing substitution application for substituting the legal heirs of respondent no. 2 - Sewa Ram, who expired on 23.9.2012. This application has been filed on 27.12.2014. It is mentioned in the said application duly supported by an affidavit that the appellant had no knowledge as to the death of respondent no. 2 and after getting knowledge, the appellant had filed substitution application without any further delay.
Counsel for the respondents appearing in this appeal does not dispute this proposition and, therefore, delay in filing the application for substitution is condoned.
For the reasons stated, the substitution application is allowed.
As Sri Avadhesh Singh is already representing proposed legal heirs of Sewa Ram, therefore, no fresh notices are required. Let necessary correction be carried out within seven days.
Heard on Civil Misc. Delay Condonation Application No. 412482 of 2014 filed by defendants seeking abatement of the appeal on account of death of respondent no. 2. Since substitution application of legal heirs of respondent no.2 is allowed, this application has rendered infructuous and the same is dismissed as infructuous.
Heard on Civil Misc. Abatement Application No. 17 of 2018.
Sri Pankaj Kumar Tyagi, counsel for the appellant prays for and is granted two weeks time to file reply to the said application.
List after two weeks.
Order Date :- 27.11.2019 S.K.S.