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Judgment
6 paragraphs · 203 wordsAnjuli Palo, J
Heard on I.A. Nos.6367/2020, which is an application under Order 22 Rule 9 of the CPC for setting aside the abatement against appellant No. 1 Karan Singh; I.A. No. 6368/2020, which is an application under Order 22 Rule 3 and 11 read with Section 151 of the CPC for substitution of legal heirs of appellant No. 1 Karan Singh and I.A. No.6366/2020, which is an application for condonation of delay in filing I.A. No. 6368/2020.
It is not in dispute that appellant No. 1 Karan Singh has died on 9.1.2019 and his proposed LRs also also not disputed. In support of the application, the death certified of appellant No. 1 issued by Gram Panchyat Barla, District Raisen has been filed. The applications are supported by affidavit also.
For the reasons stated in the applications, the delay has been satisfactorily explained and appears bonafide, therefore, I.A. Nos.6367/2020, I.A. No. 6368/2020 and I.A. No.6366/2020 are allowed. Delay is condoned. Abatement against appellant No. 1 Karan Singh is set aside. Let legal representatives of appellant No. 1 Karan Singh be substituted within seven working days.
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