Respondent no.1 is dead. Accordingly, appellant applied for substitution of his heirs and legal representatives. Notices upon them are deemed to have been served by registered post in view of the office report. No one has put in appearance and filed any counter affidavit opposing either the delay in moving the substitution application or the substitution application.
I have perused both the applications. The delay is sufficiently explained. Accordingly, delay in filing the substitution application is condoned. Substitution application is allowed.
Let the name of heirs and legal representatives of the deceased be incorporated as respondents no.1/1 and 1/2.
The appeal was dismissed in default. Restoration application has been filed but the same is not being decided as the respondents are not being served. Counsel for the appellant has moved application for substituted service on the allegation that the respondents are deliberately avoiding service and appearance before the court.
In view of above, let notices of the restoration application be published in the daily news paper Danik Jagran published from Moradabad region. Affidavit of service be filed within three weeks.
List thereafter.
Application No.190615 of 2010 allowed.
Order Date :- 24.9.2010 piyush