Delay in filing for substitution may be condoned if justified, particularly during extraordinary circumstances like a pandemic.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

13 29-01-2026 Re: I.A. No. 3 of 2022 The instant interlocutory application, filed under Order XXII, Rules 3 and 9 of the CPC, has been filed on 26.07.2022 after serving a copy upon the learned counsel for the other side for substituting the names of the heirs of appellant no. 2, namely Ram Briksh Singh, who died on 10.07.2019, leaving behind his heirs and legal representatives, the details of whom are mentioned in paragraph 2 of the application; and a prayer has also been made for setting aside abatement against appellant no. 2.

Re: I.A. No. 4 of 2022

2. The instant interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay in filing the setting aside abatement against appellant no. 2.

3. Learned counsel for the appellants submitted that due to the COVID-19 pandemic, the appellants were unable to file the proper petition regarding the substitution of appellant no. 2. After the end of the pandemic period, the present application has been filed for substituting the names of the heirs of appellant no. 2.

4. On the other hand, learned counsel for the sole respondent vehemently opposed the prayers for substitution and condonation of delay. It is submitted that both the appellants reside in the same village and appellant no. 1 had full knowledge about the death of appellant no. 2. Despite this, the application has not been filed within the statutory period of limitation.

5.Having regard to the facts and averments made in the application, the aforesaid interlocutory applications are allowed after setting aside abatement and condoning the delay in filing the setting aside abatement, subject to payment of costs of Rs. 5,000/- (Rupees Five Thousand) to the learned counsel for the respondent.

6. Let the matter be listed on 02.02.2026 at 12:00 Noon.

(Khatim Reza, J)