Substituting deceased respondents in appeals must consider parties' knowledge of deaths and allowed delays in filing.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

26 09-01-2026 I.A. No. 6 of 2019 The present interlocutory application has been filed for substituting the names of the heirs and legal representatives of deceased respondent no. 3, namely Nasima Khatoon, respondent no. 9, namely Md. Taslim and respondent no. 14, namely Riyaz Miyan, who died during the pendency of the appeal.

2. Learned counsel for the appellants submits that respondent no. 3 died on 02.10.2009, leaving behind her husband, four daughters and two sons, whose details have been mentioned in paragraph no. 3 of the application. It is further submitted that respondent no. 9 died on 07.11.2014, leaving

3. So far as respondent no. 14 is concerned, he died on application. It is further submitted that the present application has been filed on 17.05.2019, beyond the prescribed period of limitation, along with a prayer for setting aside abatement and for condoning the delay in filing the petition for setting aside abatement.

4. Learned counsel for the appellants submits that the appellants had no knowledge about the deaths of the aforesaid respondents and came to know about the same only on the basis of the service report when the appeal was listed before the Lawazima Board.

5. Earlier, notices were issued to the heirs of respondent nos. 3, 9 and 14 who have appeared through their learned counsel. However, no counter-affidavit has been filed opposing the present application.

6. Having regard to the facts and circumstances of the case and the averments made in the application, the substitution petition is allowed after condoning the delay in filing the petition for setting aside the abatement.

8. Office is directed to delete the names of respondent nos. 3, 9 and 14 from the memo of appeal and substitute their respective heirs and legal representatives in their place.

9. Learned counsel appearing on behalf of the heirs of respondent nos. 3, 9 and 14 accepts notice of the appeal on their behalf, except for respondent nos. 9(ii), 9(iii) and 9(iv).

10. Issue appeal notice to the newly substituted respondent nos. 9(ii), 9(iii), and 9(iv) under Speed Post with A/D as well as through ordinary process, for which requisites must be filed within two weeks.

I.A. No. 5 of 2019

11. The present interlocutory application has been filed for informing the Court about the death of respondent nos. 3, 9 and 14.

12. In view of the fact that the heirs and legal representatives of respondent nos. 3, 9 and 14 have already been substituted by the order passed today in I.A. No. 6 of 2019, the present interlocutory application has become infructuous.

infructuous.