The court allowed the substitution of deceased respondent's heirs and condoned delay in filing the application based on satisfactory explanation.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

30 19-01-2026 Re: I.A. No. 03 of 2024, I.A. No. 04 of 2024 & I.A.

No. 05 of 2025 I.A. No. 03 of 2024 This interlocutory application filed on behalf of the appellants under Order XXII Rule 4 of the CPC for substituting the name of Respondent No. 1, namely Md. Sahabuddin, who died on 05.12.2023 leaving behind his heirs and legal representatives, whose details are set out in paragraph 1 of the interlocutory application.

I.A. No. 05 of 2025

2. This application has been filed under Order XXII Rule 9 of the CPC for setting aside abatement against Respondent No. 1.

I.A. No. 04 of 2024

3. This application has been filed under Section 5 of the Limitation Act for condoning the delay in filing the application for setting aside abatement against Respondent No.

1.

4. Further, a supplementary affidavit has been filed in continuation of I.A. No. 03 of 2024 regarding the correct names of the heirs of the deceased Respondent No. 1. The correct names of the heirs are mentioned in paragraph 4 of the supplementary affidavit filed on 02.12.2025.

5. Learned counsel for the heirs of the deceased Respondent No. 1 appears through their counsel, but has not filed any reply or counter-affidavit to the aforesaid applications.

6. Learned counsel for the appellants submitted that the appellants were residing outside the State for the purposes of their livelihood and, therefore, were unaware about the death of Respondent No. 1. They came to know about the death of Respondent No. 1 only when they came to their native place.

Soon thereafter, the substitution petition was filed.

7.Having regard to the facts and circumstances of the case and the explanation furnished in the limitation petition, I.A.

Nos. 03 of 2024 and 04 of 2024 are allowed, after setting aside abatement and condonation of delay.

8. Office is directed to delete the name of Respondent No. 1 from the Memo of Appeal and substitute the names of his heirs, as mentioned in paragraph 4 of the supplementary affidavit filed on 02.12.2025 in continuation of I.A. No. 03 of

2024.

9. Learned counsel for the heirs of the deceased Respondent No. 1 accepts appeal notice on their behalf.

(Khatim Reza, J)