UNION OF INDIA Vs. PRAHALLAD MOHARANA

JUDGEMENT

(1.) Mr. Bhokta, learned advocate appears on behalf of appellants (Union of India). He submits, after filing of the appeal respondent died on 15/4/2017. Intimation of death was received by his client on 12/7/2019. There was delay in taking out substitution application, filed on 22/12/2021. He submits, the delay be condoned, abatement set aside and substitution made of the widow and two sons.

(2.) Mr. Mohapatra, learned advocate appears on behalf of the legal heirs of respondent. He submit, there is no explanation for delay of more than two years in making the substitution application, after intimation of death was given. However, in fairness, he leaves it to Court.

(3.) On query from Court Mr. Bhokta submits, he is ready to argue the appeal. In interest of justice, Court is inclined to and condones the delay, sets aside abatement and allows the substitution.