KAMTA PRASAD Vs. JAGGIYA

JUDGEMENT

(1.) By means of an application for substitution filed on 1-7-1997, the applicants prayed for substituting themselves in the place and stead of the deceased petitioner. It is alleged that the sole petitioner-Kamta Prasad died on 19-11-1996 leaving behind the heirs as mentioned in paragraph 2 of the affidavit in support of the said application. The said application has been filed along with an application for condonation of delay. It appears that the application was filed after around 200 and odd days of the death. The limitation having expired after expiry of 150 days from death, the delay would be about of two months. In that view of the matter, the delay is condoned and the application for substitution is allowed. Let the cause title be amended accordingly incorporating names of the heirs of the deceased petitioner.

(2.) On 23-1-1985 an application for substitution in the place and stead of the deceased opposite party No. 4 were filed. Notices of the said application were sent and it was duly published in the newspaper as it appears from the report dated 7-5-1997. Therefore, substitution in the place and stead of the opposite party No. 4 is also allowed.

(3.) The application dated 1-2-1989 filed on 2-2-1989 for substitution of the opposite party No. 1, who died on 1-11-1988 is also allowed since being within time. The heirs of the deceased opposite party No. 1 as mentioned in paragraph 2 of the affidavit supporting the said application, be substituted in the place and stead of the deceased opposite party No. 1.