The court condoned the delay in filing an application to set aside the abatement and allowed the substitution of the deceased respondent's legal heirs, as sufficient cause was demonstrated.

Office Notes,

reports, orders

or proceedings

uSL.

Date or directions COURT’S OR JUDGE’S ORDERS

No. and Registrar’s order with Signatures

15.04.2026 SA No.89 of 2008

Hon’ble Siddhartha Sah, J.

Mr. Pooran Singh Rawat, learned counsel for the appellant.

Delay condonation application (IA No.7871 of 2026)

2. The delay condonation application (I.A. No. 7871 of 2026) has been filed by the appellant stating therein that the sole respondent passed away on 28.06.2025, and the appellant came to know of the same on 14.12.2025. Thereafter, the substitution application was filed on 15.12.2025. It is further stated that from the date of death till the date of filing, there is a total delay of 159 days, and accordingly, there is a delay of 9 days in filing the application for setting aside the abatement. Hence, a prayer has been made to condone the delay of 9 days in filing the application for setting aside the abatement.

3. Upon perusal, the delay has been duly explained, and this Court is satisfied that sufficient cause has been shown. Accordingly, the delay deserves to be condoned. The delay in filing the application for setting aside the abatement is hereby condoned, and the delay condonation application is allowed.

Setting aside abatement application (I.A. No. 7870 of 2026).

4. The application for setting aside abatement has been filed on similar grounds, stating that the sole respondent passed away on 28.06.2025, the appellant came to know of the same on 14.12.2025, and the substitution application was filed on 15.12.2025. The application is bona fide, and it is prayed that the abatement that has occurred may be set aside. The reasons assigned are sufficient for setting aside the abatement. Accordingly, the application for setting aside abatement is allowed, and the substitution shall be deemed to have been filed within time.

Substitution application (I.A. No. 7869 of 2025)

5. The substitution application (I.A. No. 7869 of 2025) has been filed stating that the sole plaintiff/respondent, Shri Prem Prakash, passed away on 28.06.2025, and the appellant came to know about his death on 07.11.2025. It is, therefore, prayed that the appellant be permitted to substitute the legal heirs of Late Shri Prem Prakash as under:

“1/1-Gireesh Tiwari (Male) aged about 40 years, Aadhar No. 7029-0015-7228, S/o Late Shri Prem Prakash, R/o House No. 21, Damuwadhunga Bandobasti, Haldwani District Nainital Kathgodam, 263126.

1/2 - Kailash Tiwari (Male) aged about 38 years, Aadhar No. 4984-77797-4939, S/o Late Shri Prem Prakash, R/o House No. 21, Damuwadhunga Bandobasti, Haldwani District Nainital Kathgodam, 263126.

1/3- Viky Tiwari (Male) aged about 30 years, Aadhar No. 7382-4189-6082, S/o Late Shri Prem Prakash, R/o House No. 21, Damuwadhunga Bandobasti, Haldwani District Nainital Kathgodam, 263126.”

6. It is also prayed that the legal heirs of Late Shri Prem Prakash be brought on record as respondent Nos. 1/1, 1/2, and 1/3, as detailed in the prayer clause, and that the appellant be permitted to incorporate the words “since deceased” against the name of respondent No. 1.

7. In view of the above, the substitution