Failure to timely file substitution applications leads to automatic abatement of petitions, necessitating applications to set aside abatement to proceed.

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:

Signature Not Verified application for setting aside abatement together with an application for condonation of delay in filing the application for setting aside abatement. The surviving petitioners may file such applications within the period specified above.

.............………......…....J. [DIPANKAR DATTA] New Delhi; October 13, 2023. for condonation of delay in filing the application for setting aside abatement. The surviving petitioners may file such applications within the period specified above.

.............………......…....J. [DIPANKAR DATTA] New Delhi; October 13, 2023. ITEM NO.1718 COURT NO.5 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS REVIEW PETITION (CIVIL) Diary No(s). 5194/2023 RAMDEEN (D) THROUGH HIS PROPOSED LRS. & ANR. Petitioner(s) VERSUS RAMDULARI (NOW DEAD) THROUGH LRS. & ORS. Respondent(s) (OFFICE REPORT ON DEFAULT IA No. 26083/2023 - APPLICATION FOR PERMISSION IA No. 26082/2023 - APPLICATION FOR SUBSTITUTION IA No. 26079/2023 - CONDONATION OF DELAY IN FILING REVIEW PETITION) Date : 13-10-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA [IN CHAMBER] For Petitioner(s) Ms. Pratibha Singh, Adv. Mr. Raj Kishor Choudhary, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R

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 application for setting aside abatement together with an application for condonation of delay in filing the application for setting aside abatement. The surviving petitioners may file such applications within the period specified above.

(KAPIL TANDON) (AMITA PANDEY) What is now required of the survi