Sunil Tiwary & Others vs Peyare Mohan Prasad & Others

Anil Kumar Choudhary, J

I.A. No.4443 of 2022

Heard the parties.

Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer for substituting the legal representatives of the deceased respondent No.1 namely Peyare Mohan Prasad who died in the year 2017 during the pendency of this appeal leaving behind his only seven legal representatives whose names, parentages and addresses have been mentioned in para-3 of the instant interlocutory application and also for condoning the delay and to set aside the abatement, if any, in filing the petition for substitution. It is next submitted that the appellants were not aware about the death of the respondent No.1 namely Peyare Mohan Prasad immediately after his death and only after the copy of the Interlocutory Application filed under Order XXII Rule 10A of the Code of Civil Procedure being served upon the appellants in March, 2022, the appellants could know about the death of the said respondent No.1 namely Peyare Mohan Prasad and thereafter after collecting the information, the petition for substitution was filed and because of the same, there was a delay in filing the petition for substitution. It is further submitted that the delay caused in filing the petition for substitution is neither deliberate nor intentional. It is next submitted that unless the delay in filing the petition for substitution is condoned and abatement, if any, is set aside, the appellants will be highly prejudiced.

Considering the aforesaid facts, the delay in filing the petition for substitution is condoned, abatement, if any, is set aside and the prayer for substitution of only seven legal representative of the deceased respondent No.1 namely Peyare Mohan Prasad, as prayed for, is allowed.

Registry is directed to incorporate the name of only seven legal representatives of the deceased respondent No.1 namely Peyare Mohan Prasad whose names, parentages and addresses have been mentioned in para-3 of the instant interlocutory application as respondent No.1 (a) to 1 (g) and to mention the word ‘Dead’ against the names of respondent No.1 namely Peyare Mohan Prasad with red ink in the cause title of the appeal memo.

This interlocutory application stands disposed of.

(Anil Kumar Choudhary, J.)

I.A. No.2747 of 2022

Heard the parties.

Learned counsel for the respondents submits that this interlocutory application has been filed with a prayer to direct the appellants to take appropriate steps.

In view of the order passed today in this appeal in I.A. No.4443 of 2022, this petition being informatory in nature, be treated as disposed of.

(Anil Kumar Choudhary, J.)

S.A. No.80 of 1996

Issue notice to the respondent No.1 (a) to 1 (g).

The appellants are directed to file requisites for service of notice upon the respondent No.1 (a) to 1 (g) by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks.

List this appeal after receipt of the service report of the notice issued upon the said respondents.