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DIPANKAR DATTA, J
RAMDEEN (D) THROUGH HIS PROPOSED LRS. – Appellant
Versus
RAMDULARI (NOW DEAD) THROUGH LRS. – Respondent
| Table of Content |
|---|
| 1. opportunity for defect cure. (Para 1) |
| 2. application for substitution must adhere to deadlines. (Para 2 , 3) |
| 3. surviving petitioners must act to avoid abatement. (Para 4) |
ORDER
1. Final opportunity is granted to the learned counsel for the petitioner(s) to cure the defects in the Review Petition within two weeks, failing which the Review Petition shall stand dismissed without reference to the Court.
2. Office Report reveals that IA No. 26082 of 2023 (application for substitution of legal representatives of the deceased petitioner no. 1) has been filed belatedly without any application for condonation of delay in filing the substitution application.
3. Once an application for substitution is not filed within the prescribed period of limitation, the proceedings at the instance of the deceased party abates. As it presently stands, the petition at the instance of the petitioner no. 1 (since deceased) has abated. Without setting aside of abatement, question of allowing substitution does not arise.
4. What is now required of the surviving petitioners is to file an Digitally signed by Rajni Mukhi Date: 2023.10.16 19:41:16 IST Reason:
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