VIJAY BISHNOI,J. - (1.) The matter comes up for consideration of the application preferred under Order XXII Rule 3 read with Section 151 CPC on behalf of the appellants for substitution of legal representatives of appellant No.1/2 - Ghanshyam Singh on account of his death. Along with the said application, an application under Order XXII Rule 9 CPC read with Section 5 of Limitation Act has also been filed for setting aside the abatement.
(2.) Learned counsel for the appellants has submitted that appellant No.1/2 - Ghanshyam Singh expired on 27.03.2020 and at that time lockdown was continuing, therefore, the application for substitution of legal representatives of deceased/appellant No.1/2 - Ghanshyam Singh could not be filed within limitation. It is further submitted that an application under Order XXII Rule 9 CPC read with Section 5 of Limitation Act has also preferred for setting aside the abatement in filing the application under Order XXII Rule 3 read with Section 151 CPC.
(3.) No one is present to oppose the applications preferred on behalf of the appellants under Order XXII Rule 3 read with Section 151 CPC and application under Order XXII Rule 9 read with Section 5 of Limitation Act.;