Yogendra Kumar Srivastava, J. - (1.) Heard Sri Ravi Agrawal, learned counsel for the petitioner.
(2.) The present petition seeks to challenge the order dated 28.02.2019 passed by Additional Civil Judge (Senior Division)-VII, Muzaffar Nagar in SCC Suit No.06 of 2008 (Devkinandan (deceased) Vs. Salekchand (deceased) & Anr.) whereby the application filed by the legal heirs/representatives of the deceased-landlord Devkinandan for their substitution alongwith an application for condonation of delay under Section 5 of Limitation Act have been allowed and the abatement has been set aside on payment of costs of Rs.2,000/-.
(3.) The court below has taken note of the fact that a Will had been executed by the deceased-plaintiff, which fact was not known to the applicants (respondent nos. 2 and 3 herein), and upon coming to know of the aforesaid fact, an application (Application No. 96-ka) along with an affidavit and an application under Section 5 of the Limitation Act for condonation of delay was filed seeking their substitution and making a prayer for setting aside the abatement. The court below upon considering the facts of the case has held that the reasons which had been furnished for condonation of delay were sufficient, and accordingly the application seeking condonation of delay and also the substitution application have been allowed and the abatement has been set aside.;