- (1.) IN this application, the appellants have prayed for allowing substitution of heirs and legal representatives of appellant no. 2 after condoning the delay and setting aside abatement, if any.
(2.) IT has been stated that the appellant no. 2 -Gunia Devi died on 6.7.2004. The appellants were not aware about the requirement of brining on record the heirs and legal representatives of Gunia Devi. It is only after conversation of their counsel in connection with the hearing of the appeal in admission, when the appellants came to know that they are required to file application for substitution of heirs and legal representatives of appellant no. 2, they immediately thereafter instructed their counsel and filed application for substitution and also for condonation of delay. It has been submitted that there was no deliberate negligence or wilful violation for not taking steps for substitution of the heirs and legal representative of appellant no. 2. The appellants were prevented from doing so under the aforesaid circumstances beyond their control.
(3.) THE respondents have opposed the appellants' prayer.;