Hon’ble Ram Surat Ram (Maurya), J.—Civil Misc. Substitution Application No. 229872 of 2012

Heard Sri Ashish Kumar Srivastav, for the applicant in the aforementioned substitution application and Sri H.B. Lal, for the respondents.

2. On the death of Ram Kishan (sole petitioner) on 9.6.1993, this application for substitution has been filed by Narsingh son of Radha Kishan son of Radha Kishan, (as Radha Kishan also died on 14.1.1998), alongwith an application for condonation of delay i.e Civil Misc. Delay Condonation Application No. 229870 of 2012 and an application for setting aside abatement i.e Civil Misc. Application (For Setting Aside Abatement) No. 229871 of 2012. In support of the applications, an affidavit of Narsingh was filed, in which he had stated that he being a villagers had no knowledge about the legal proceedings for the filing of the substitution application within time as such the substitution application could not be filed within time. He came to Allahabad on 1.8.2012 for making inquiry in his case and tried to contact Sri S.K. Saxena, Advocate (who has been elevated to the Bench) but could not contact him. Then he met with Sri Ashish Kumar Srivastav, Advocate