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Judgment
12 paragraphs · 215 wordsSunita Yadav, J
Heard I.A.No.5400/2021, an application under Section 5 of the Limitation Act for condonation of delay in filing application under Order 22 Rule 3, 9 and 11 of the C.P.C. for substitution of LR's of appellant- Amar Singh.
The application is duly supported by an affidavit..
Learned counsel for the appellant submitted that because of COVID-19 Pandemic, the application could not be filed and in the light of guidelines of Apex Court, delay may be condoned.
In view of the reasons assigned in the application, I.A.No.5400/2021 is allowed.
Also heard on I.A. No.5390/2021, an application under Order 22 Rule 3 r/w Rule 9 and 11 of the C.P.C. for substitution of LR's of sole appellant.
The application is duly supported by an affidavit along with death certificate.
Learned counsel for the respondent has no objection, if the application is allowed.
For the reasons mentioned in the application, I.A. No.5390/2021 is allowed.
Learned counsel for the appellant submitted that proposed LR's Dinesh Shakyawar may be substituted in place of appellant Amar Singh on the basis of registered will dated 31.1.2017 and remaining LR's may be treated as proforma respondent.
Learned counsel for the appellant is directed to make necessary amendment in the appeal memo within seven working days.
List the matter after four weeks.