Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGES’S ORDERS No and Registrar’s order with Signatures SA No.27 of 2013 Hon’ble Siddhartha Sah, J.

Mr. I.P. Kohli, Standing Counsel for the State/appellants.

2. Mr. Dinesh Gahatori, Advocate for the proposed LRs of the deceased/respondents.

3. This is an admitted second appeal having been admitted on 15.06.2017.

4. The sole respondent has met with demise on 10.10.2018. Since there is delay in preferring the substitution application, the same is accompanied with Delay Condonation Application in Setting Aside the Abatement.

5. In the affidavit in support of the Delay Condonation Application, it has been stated that the fact regarding the death of the respondent came to the knowledge of the appellants when the counsel for the deceased reported regarding his death to the Hon’ble Court on 26.03.2019 by way of Miscellaneous Application. Immediately, on receipt of intimation regarding the death of the respondent, the counsel for the appellants called upon the department concerned for moving the present substitution application. Prior to receipt of the intimation regarding the death of the respondents, the appellant had no knowledge or information regarding the death of the respondent. The pairokar of the appellants contacted the office of the Chief Standing Counsel on 14.05.2019 whereupon the Standing Counsel was nominated the file for the preparation of the substitution application, who without any delay prepared the same and the same is being filed for kind consideration by the Hon’ble Court. The delay in filing the present substitution application is neither intentional nor deliberate, but for the reasons stated above. The setting aside abatement application is on similar lines.

6. The counsel for the LRs of the deceased/respondent has filed objection to the Setting Aside Abatement Application and has contended that it is wrong to say that the appellant got information of the death of the respondent on 14.05.2019, the limitation for substitution runs from the date of death and not from the date of knowledge. As per Article 121 of the Limitation Act, the substitution application as well as the appeal stands abated.

7. Having considered, the grounds taken in the Delay Condonation Application and the Setting Aside Abatement Application, it is clear that the factum of death of the sole respondent could come to the notice of the appellant when the counsel for the deceased reported the death in the Court on 26.03.2019. Thus the delay condonation application deserves to be allowed. The delay in filing the substitution application is hereby condoned. Accordingly, the setting aside the application, which is on similar lines also deserves to be allowed and the same is allowed accordingly. The abatement that has occurred due to non filing the substitution application within the prescribed period is hereby set aside.

8. In such view of the matter, the substitution application (IA No.7572 of 2019) is allowed. The appellant is directed to carry out the substitution in the cause title of this appeal within a period of one week.

9. List on 02.04.2026.

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(Siddhartha Sah, J.)

19.02.2026

Ravi