HAKIM MAHARA Vs. BADRI MODI

JUDGEMENT

(1.) I.A. No. 146, 147, 148 of 2016 The above interlocutory applications have been filed under Order 22, Rule 3, under Order 22, Rule 9 and under Sec. 5 of the Limitation Act, respectively.

(2.) Learned counsel for the appellants submits that appellant No. 2 namely, Gano Mahara died on 30-10-2012 leaving behind the legal heirs/representatives, as mentioned in para 5 of the supporting affidavit (I.A. No. 148 of 2016). It is submitted that earlier a composite I.A. No. 1268 of 2014 for substituting the legal heirs/representatives of appellant No.2, setting aside the abatement and condoning the delay had been filed and however on the direction of the Court separate interlocutory applications have been filed respectively.

(3.) It is prayed that delay in filing the substitution petition be condoned, abatement, if any, be set aside and the legal heirs/representatives of deceased appellant No. 2 be substituted.