CLR/19/2020
2023 Latest Caselaw 2856 UK

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                                  CLR No.19 of 2020
                                  Hon'ble Vivek Bharti Sharma, J.

Present Mr. Mohd. Shafy, counsel holding brief of Mr. Vinay Bhatt, counsel for the revisionist.

2. Counsel for the revisionist would submit that the President of the revisionist i.e. Shri Gopal Das died on 27.04.2021 and the application for substitution and setting aside abatement have been moved on 03.08.2021; that, the application for setting aside abatement is within limitation.

He would further submit that though the setting aside abatement application has been moved but in view of the judgment of the Hon'ble Supreme Court in Suo Moto W.P. (Civil) No.3 of 2020) the suit had not abated as that was the period under the Covid Pandemic.

3. In view of the above, Setting Aside Abatement Application and the Substitution Application are allowed.

4. Let the amended memo of parties be filed within two weeks.

5. Issue notice to the respondent through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

6. Steps to be taken within two weeks.

7. Put up on 18.12.2023.

(Vivek Bharti Sharma, J.) 25.09.2023 BS