SA/35/2010
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                                     SA No.35 of 2010
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Sudhir Kumar, Advocate, for the appellants.

Mr. I.P. Kohli, Advocate, for the respondent.

Mr. P.S. Rawat, Advocate, for the respondent.

Mr. Atul Kumar Bansal, Advocate, for the respondent.

This matter is listed on the substitution application IA No.9984 of 2022, seeking to bring on record the heirs of the deceased/appellant no.1, as it has been detailed in paragraph no.3, of the substitution application. The appellant no.1, is reported to have died on 18th August, 2020.

Normally the issue of limitation would have an important role to play, since having been expired on 16th November, 2020, but owing to the Hon'ble Apex Court judgment due to the Covid 19 situation, the limitation since has expired during the intervening period when the restrictions were imposed due to the directives of the Government of India, the period of limitation would stand extended, till the substitution application was filed. Coupled with the fact that when the respondent doesn't opposes the substitution application from the view point that it is barred by time, it would automatically result into that there is no necessity for filing of the application under Order 22 Rule 9 of the CPC, as the substitution would be deemed to be within time.

In that eventuality, while taking the objection of the respondent on record, about the effect of the non filing of the application under Order 22 Rule 9 of the CPC, the substitution application is allowed. The heirs as sought to be brought on record and described in paragraph no.3, of the substitution application are permitted to be placed on record by filing an amended memo of second appeal within a period of three days from today.

List this second appeal for hearing as soon as the amendment is carried, as directed above.

(Sharad Kumar Sharma, J.) 01.08.2022 NR/