S. N. AGGARWAL, J.

( 1 ) TO condone, or not to condone, is the only short question that needs our consideration in this appeal. What we have to consider here in this appeal is the effect of delay in re-filing of an application for substitution of legal heirs after removal of objection put up by the Registry on the said application.

( 2 ) THE facts that have led to the filing of this appeal are that the appellant along with respondent No. 7 had filed a Company Petition being CP no. 1/1982 in the year 1982 under Sections 397,398,402 and 403 of the Companies act, 1956. The said Company Petition was dismissed as not maintainable by an order passed by the then Company Judge on 7/2/1984. Aggrieved by this order of dismissal, the appellant along with respondent No. 7 filed a Company Appeal being company Appeal No. 8/1984 which was allowed by a Division Bench of this Court vide order dated 26/11/1998 and the case was remitted back to the Company Judge for disposal on merits.

( 3 ) SUBSEQUENT to remand, while the case was pending before the Company judge, respondent No. 3 expired and his legal heirs were brought on record but they did not file any affidavit in their evidence. The petitioner

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