- (1.) This is an application for substitution on setting aside abatement by the heirs and legal representatives of the deceased sole Petitioner Kali (Kinkar Das.
(2.) The Respondent Life Insurance Corporation, by, an order dated November 29, 1967, cancelled five of the policies held, by the deceased Kali Kinkar Das. Being aggrieved by the said order the said Kali Kinkar Das moved this Court under Article 226 of the Constitution and obtained the above Rule. He had challenged the order on the ground that such cancellation had. not been made in the lawful exercise of powers by the Respondent Corporation. His prayer in the application is for issue of an appropriate writ for quashing the impugned order of cancellation.
(3.) During the pendency Of the Rule, Kali Kinkar Das died on July 27, 1970. There is no dispute that the present applicants are the only heirs and legal representatives of the deceased Kali Kinkar Das. The present application under Order 22, Rule 9 of the Code of Civil Procedure had been filed on November 20, 1970. The application makes out sufficient grounds why the application for substitution could not be made in time and the delay had been duly explained In the circumstances the applicants are praying that they may be substituted on setting aside abatement on the death of Kali Kinkar Das.;