Rajeev Sharma And Others vs Rambai Sharma And Others

Mohd. Fahim Anwar, J

Heard on I. A. No.6363/2020, an application under Order 22 Rule 4 of CPC for substitution of legal representatives of respondent No.1 Smt. Rambai Sharma. According to the application respondent No.1 has died on 7.7.2020. The application is supported by an affidavit of appellant No.1 Rajeev Sharma. The application is within time.

Learned counsel for respondents No.1 and 3 have no objection. Considering the aforesaid, I. A. is allowed. legal heirs of respondent

No.1 is directed to be brought on record.

Shri Arvind Pathak, Advocate has submitted that he will file the Vakalatama on behalf of the LRs of respondent No.1 (died) on next date of hearing.

Also heard on I. A. No.6361/2020, an application under Order 22 Rule 4 of CPC for substitution of legal representatives of respondent No.8 (Virendra Kumar Jain) along with I. A. No.6362/2020, an application Under Order 22 Rule 9 (2) of CPC for setting aside the abatement of appeal and I. A. No.6371/2020, an application under Section 5 of Limitation Act for condonation of delay in filing the application for substitution of legal representatives of respondent No.8. The application is supported by an affidavit of appellant No.1 Rajeev Sharma.

Learned counsel for respondents No.1 and 3 have no objection. Having hearing the learned counsel for the parties, for the reasons stated in the applications, all these applications are allowed. Delay in filing the application is condoned, abatement is set aside and legal representatives of Date: 2020.10.20 16:29:53 IST respondent No.8 are directed to be brought on record.

Learned counsel for the appellants is directed make necessary correction in the array of cause title within seven days.

Issue notice to the legal representatives of respondent 8 and un-served respondents on payment of P. F. within further seven days by both the modes ordinary as well as registered AD. Notice be made returnable within four weeks.