SA/55/2015
2026 Latest Caselaw 1694 UK

Uttarakhand High Court

SA/55/2015 on 9 March, 2026

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                    COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      09.03.2026                            SA No.55 of 2015
                                            Hon'ble Siddhartha Sah, J.

Mr. Piyush Garg, learned counsel for the appellants.

2. Mr. Rajendra Arya, learned counsel holding brief of Mr. Neeraj Garg, learned counsel for legal heirs of respondent no.1.

3. Mr. Krishna Sanwal, learned counsel holding brief of Mr. B. S. Adhikari, learned counsel for respondent no.2.

IA No. 4468 of 2025 (Substitution Application) and IA No. 4469 of 2025 (Application for Setting Aside Abatement)

4. A substitution application has been filed by the appellants stating therein that respondent no. 1, Smt. Santosh Bala, met her sad demise on 04.11.2024 and is survived by her son, Sri Shailendra Rawat, and daughter, Smt. Shalini Pundir. It has been stated that the aforesaid persons are the only legal heirs of the deceased respondent.

5. The said application was filed with some delay, on account of which abatement occurred. Consequently, IA No. 4469 of 2025 has been filed seeking setting aside of the abatement. In the said application, it has been stated in paragraph 3 that the applicants were completely unaware of the legal technicalities regarding the necessity of filing a substitution application. It has further been stated that the power of attorney holder of the appellant came to Nainital to discuss the case and, during the course of discussion, the factum of death was disclosed to the counsel, whereupon the counsel immediately advised him to file the present substitution application without any further delay.

6. Learned counsel for the respondents has no objection.

7. In such view of the matter, the application for setting aside the abatement (IA No. 4469 of 2025) is allowed and the abatement is set aside.

8. Consequently, the substitution application (IA No. 4468 of 2025) is also allowed. The appellants may carry out the consequential amendment in the cause title of this appeal within a period of one week.

IA No. 4471 of 2026 (Substitution Application)

9. The substitution application has been filed on account of the demise of appellant no. 1 on 13.01.2026. In paragraph 5 of the substitution application, it has been stated that, for the purposes of the present Second Appeal, the son Akshit and the widow Smt. Sumti are the only legal representatives of the deceased Lalit Singh and are required to be substituted in his place.

10. Out of the said two legal representatives, the widow Smt. Sumti is already a party in the present Second Appeal as appellant no. 2. Therefore, only the son, namely Akshit, is required to be substituted in place of the deceased appellant no. 1.

11. The substitution application is within time and learned counsel for the respondents has no objection to the same.

12. In such view of the matter, the substitution application (IA No. 4471 of 2026) is allowed. The appellants prays for and is granted one week's time to carry out the necessary amendment in the cause title.

13. List on 15.05.2026.

(Siddhartha Sah, J.) 09.03.2026 BS