CHHANDI Vs. ANITA

JUDGEMENT

(1.) Heard Shri Shiv Bahadur Yadav, learned counsel for appellant and Shri Ruduvant Pratap Singh, learned counsel for proposed respondent no.2/1 Raju and the third party applicant and perused the record.

(2.) Order on Civil Misc. Abatement Application No.12 of 2019, Civil Misc. Delay Condonation Application No.14 of 2019, Civil Misc. Substitution Application No.15 of 2019 & Civil Misc. Substitution Application No.17 of 2019

(3.) Abatement application supported with affidavit was moved by Raju on 25.1.2019 with the allegations that his father Govind Das-respondent no.2 has died during pendency of appeal on 6.10.2015 and since no substitution application has been moved, the appeal has abated and is liable to be dismissed as abated. Thereafter, appellant moved an application on 12.2.2019 for substitution of Raju being son and legal representatives of respondent no.2 Govind Das with an application for condonation of delay, supported with affidavit and another application was moved by appellant on 1.3.2019 for amendment in memo of appeal, upon death of respondent no.1 Smt. Anita supported with affidavit, wherein it was contended that respondent no.1 Smt. Anita wife of Rajan has died issueless in September, 2016 hence word "deceased" be mentioned against her name. Against the applications, a counter affidavit has been filed by Raju, who had moved application for abatement.