WPMS/2949/2017
2021 Latest Caselaw 2686 UK

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                                       WPMS No.2949 of 2017

                                       Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. Rajesh Pandey, Advocate for the petitioners.

Mr. Gajendra Tripathi, Brief Holder for the State.

Mr. Manav Sharma, Advocate for respondent nos.3, 4 & 5.

The petitioner has filed a substitution application praying to bring on record the heirs of deceased-respondent no.3, the names of whom has been detailed in para 3 of the substitution application. Alongwith the substitution application, he has also filed an application under Order 22 Rule 9 of C.P.C., to set aside the abatement, if any, as well as he has also explained the fact of delay of 306 days, which has chanced in filing the substitution application. But since, in the light of the judgment of Hon'ble Apex Court, rendered on a suo-moto cognizance, which was taken in those proceedings, where the limitation was expiring during the pendency of the lockdown declared by the Government of India. The delay would not be an essential consideration for the purposes of considering the substitution application.

In view of the aforesaid, the Substitution Application No.15216 of 2021, would stand allowed.

The petitioner is directed to carry out the necessary amendment in the cause title of the writ petition within a period of ten days from today. As a consequence of allowing of the substitution application, the application for Setting Aside Abatement No.15217 of 2021, would also stand disposed of.

List this writ petition as soon as the aforesaid amendment is carried by the counsel for the petitioner.

Interim order is extended till next date of listing.

(Sharad Kumar Sharma, J.) 29.07.2021 Arti