Substitution of legal representatives is permissible where applications are filed timely, preserving the rights of the appellants irrespective of the pandemic-related delays.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

17 30-01-2026 Re: I.A. No. 02 of 2025 This application has been filed for substituting the names of heirs and legal representatives of deceased appellant no. 1 namely, Chamru Prasad @ Chamru Ram who died on 17.03.2020 leaving behind his heirs and legal representatives whose details are mentioned in paragraph 3 of the said application.

2. Learned counsel for the appellants submitted that substitution petition was already been filed in M.J.C. No. 4640 of 2019 after death of appellant no. 1. The said M.J.C. application was filed for restoration of present appeal which was dismissed for default. The said application was filed on 21.11.2021 in M.J.C. No. 4640 of 2019 during Covid Pandemic but no order was passed on the said interlocutory application. Due to aforesaid reason, the fresh application has been filed for substituting the names of the heirs of appellant no. 1.

3. Learned counsel for the appellants submitted that a duly executed on behalf of heirs of deceased appellant no. 1 has already been filed along with I.A. No. 02 of 2021 in M.J.C. No.

4640 of 2019.

4. Learned counsel for the appellants is directed to file a fresh vakalatnama on behalf of heirs of deceased appellant no.

1 in the present appeal.

Re: I.A. No. 03 of 2026 & 04 of 2026

5. I.A. No. 04 of 2026 has been filed for setting aside abatement, if any against appellant no. 1 and I.A. No. 03 of 2026 has been filed for condoning the delay in filing the setting aside abatement.

6. Perused the record of M.J.C. No. 4640 of 2019.

7. No order was passed on the substitution application of deceased appellant no. 1 namely, Chamru Prasad @ Chamru Ram in M.J.C. No. 4640 of 2019.

8. Since the substitution petition with regard to appellant no. 1 was filed during Covid pandemic and in view of the order passed by Hon'ble Apex Court vide order dated 10.01.2022 in Miscellaneous Application No. 21 of 2022 and its analogous cases it is held that:- “In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022”. Since the earlier application for substitution of deceased appellant no. 1 has been filed during Covid Pandemic period so, no question of abatement arises in this case.

9. In the aforesaid facts and averments made in these applications, the I.A. No. 02 of 2025, 03 of 2026 & 04 of 2026 are allowed.

10. Office is directed to delete the name of appellant no. 1 namely, Chamru Prasad @ Chamru Ram and substitute the name of his heirs and legal representatives in his place.

(Khatim Reza, J)