Re: Civil Misc. Delay Condonation Application No. 101190 of 2013 Heard.
This is an application seeking condonation of delay in filing the substitution application.
Cause shown for the delay in filing the substitution application as asserted in application for condonation of delay is sufficient. Sri Diwakar Rai Sharma, learned counsel for the respondent nos. 3 and 4 does not have any objection to the delay condonation application. Delay in filing the substitution application is hereby condoned.
This application, accordingly, stands allowed.
Re: Civil Misc. Substitution Application No. 101191 of 2013 Heard Sri S.M.A. Ali, learned counsel for the petitioners.
This is an application for substitution of the legal heirs/legal representatives of petitioner nos. 1 and 2. It is supported with an affidavit.
It has been stated in the affidavit that the petitioner no. 1 died on 20.09.2007 leaving behind his heirs and legal representatives, as mentioned in para 7 of the affidavit filed in support of substitution application and the petitioner no. 2 died on 09.09.2008 leaving behind her heirs and legal representatives, as mentioned in para 8 of the affidavit filed in support of substitution application.
Sri Diwakar Rai Sharma, learned counsel for the respondent nos. 3 and 4 does not have any objection to the substitution application.
In view of the preceding discussion, the substitution application is allowed.
Let the legal heirs/legal representatives of petitioner no.1 and petitioner no. 2 as described in paragraphs no. 7 and 8 respectively of the affidavit filed in support of substitution application, be substituted in their place. Words "died during the pendency of the writ petition" shall be transcribed after the names of petitioner nos. 1 and 2. Substitution be carried out by learned counsel for the petitioners within a period of ten days and shall be confirmed by the Office.
The names of the legal heirs/legal representatives of the petitioner nos. 1 and 2 shall be typed in Red Ink on separate page. Similarly, the words "died during the pendency of the writ petition", after the name of the petitioner nos. 1 and 2, shall also be transcribed in Red Ink on a separate page. Both the papers, bearing the names of the legal heirs/legal representatives of petitioner nos. 1 and 2, and the words "Died during the pendency of the writ petition", shall be affixed to the cause title. Office to confirm the substitution in the above said manner.
Order on writ petition Put up this case on 06.03.2021 in the additional cause list.
Order Date :- 19.2.2021 Dhananjai