Krishna Kant Dubey vs Deepak Dubey And Others
2022 Latest Caselaw 1211 Chatt

             T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                               FA No. 112 of 2007
             Krishna Kant Dubey Versus Deepak Dubey And Others



08.03.2022          Mr. Pankaj Singh, Counsel for proposed legal representatives of

             appellant.

                    Mr. Himanshu Pandey, Counsel for respective respondent.

Learned counsel for proposed legal representatives of appellant

would submit that, during pendency of the appeal, appellant Krishna Kant

Dubey expired on 14.04.2021 and has left behind legal representatives

namely Anand Dubey and Abhishek Dubey, therefore he has filed an

application under Order 22 Rule 3 of CPC as well as application under

Order 22 rule 9 of the CPC for setting aside abatement and Section 5 of

Limitation Act for condonation of delay.

Learned counsel for the appellant would submit that there is delay

of 129 days and he would submit that in pursuance of judgment passed

by the Hon'ble Supreme Court in the case of Civil Petition No.03/21,

wherein the Hon'ble Supreme Court has condoned the period from

March, 2020 till 28th February, 2022 therefore, the period may be

condoned in the light of judgment passed by Hon'ble Supreme Court.

On due consideration, I.A.No.4/2022, application under Order 22

rule 9 of the CPC for setting aside abatement and I.A.No.5/2022,

application under Section 5 of Limitation Act for condonation of delay are

allowed.

Also heard on I.A.No.6/2022.

Learned counsel for the appellant would submit that the legal

representatives of appellant may be taken on record. On due consideration, I.A.No.6/2022 is allowed.

Learned counsel for the appellant is directed to amend the cause

title and file amended cause title also within 10 days.

List this case along with FA No.135 of 2007.

Sd/-

(Narendra Kumar Vyas)

Judge

parul