JUDGMENT :

I.A. No. 6861 of 2021

1. The learned counsel appearing for the applicant (one of the sons of the original petitioner), at the outset, seeks leave of this Court to make necessary correction in the provision of law under which this Interlocutory Application has been filed. It has been submitted that due to inadvertence, the application for substitution has been filed under Order XXII Rule 3 of the Code of Civil Procedure, instead of invoking the jurisdiction conferred to this Court under Article 226 of the Constitution of India.

2. Considering the aforesaid prayer, let necessary correction be made in course of the day.

3. The instant application has been filed for substitution of the sole petitioner, namely, Bali Devi who died on 10.02.2020 by one of her sons, namely, Sanjay Gope (applicant herein). It has been contended that affidavits have been filed on behalf of other surviving son and daughters of the original petitioner, namely, Seema Devi, Arvind Gope and Usha Devi. It has been submitted that the affidavits have been filed on their behalf as has been appended to Annexure 2 to the supplementary affidavit filed in furtherance to the statement made in the Interlocutory Appl