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Allahabad High Court

SMT. RAJESHWARI DEVIversusRAJENDRA PRASAD and 2 OTHERS

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The court granted condonation of delay and ordered notice to the remaining respondent and heirs, listing the matter for hearing.

Summary

The appellant, Smt. Rajeshwari Devi, filed an application seeking condonation of delay in submitting a substitution application after the death of respondents No.1 and No.3. The substitution application, intended to replace the deceased parties, was filed beyond the prescribed time, prompting a separate delay condonation request. The court considered whether the delay could be excused in view of the circumstances surrounding the deaths. It ordered that notice be issued to respondent No.2 and the legal heirs of the deceased respondents regarding the condonation application. The matter was subsequently listed for further hearing on 20 March 2026.

Issues considered

  • Whether the court should condone the delay in filing the substitution application after the death of parties

Subjects

  • substitution of parties
  • condonation of delay
  • death of parties
  • civil procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 LUCKNOW
                                                         SECOND APPEAL No. - 185 of 2016

                                     Smt. Rajeshwari Devi
                                                                                                .....Appellant(s)
                                                                        Versus

                                     Rajendra Prasad And 2 Others
                                                                                              .....Respondent(s)

                                     Counsel for Appellant(s)               :    Raj Kumar Mishra, Ruchi
                                     Counsel for Respondent(s)              :    Sarvesh Kumar Shukla

                                    Court No. - 19
                                                        HON'BLE PRASHANT KUMAR, J.

                                    C.M. Application No.IA/10/2025

                                    1. This is an application for condonation of delay in filing the substitution
                                    application.

                                    2. It has been informed that respondent Nos.1 and 3 have passed away.
                                    The substitution application is filed however, the same has been filed with
                                    delay for which delay condonation application has also been filed.

                                    3. Issue notice to respondent No.2 as well as legal heirs of respondent
                                    Nos.1 and 3 on delay condonation application.

                                    4. List the matter on 20.03.2026.



                                                                                          (Prashant Kumar,J.)
                                    December 19, 2025
                                    Saurabh Yadav/-




Digitally signed by :-
SAURABH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench


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