JUDGMENT :

Order on Civil Misc. Delay Condonation Application No.268647 of 2012.

1. The delay condonation application has been filed to condone the delay in filing the Substitution Application No.268649 of 2012 to substitute the legal heirs of respondent no.3 Sariful Hasan, who died on 06.03.2009 and legal heirs of respondent no.4, Nazmul Hasan, who died on 06.06.2010.

2. A joint affidavit in support of aforesaid two applications has been file by one Abul Hasan. The aforesaid substitution application has been filed on 10.09.2012. The reason for delay has been stated in paragraph 5 to 8 of the affidavit which are being extracted hereinbelow:-

“5. That subsequent to the death of the aforesaid respondents although substitution application, for bringing their heirs on record, was filed on behalf of the petitioner in case no. 54/2008 (Shamsul Hasan Versus Saliya Khatoon) which is pending before the Civil Judge (Jr. Div.) Khaga District Fatehpur but due to inadvertent mistake this substitution application, immediately after death of the deceased/respondents, could not be filed in the pr