Shree Bhagwan Agarwal and Others v. Allahabad Bank and Others

Appeal Dy. No. 200/2019 Date: 06.12.2022

Shree Bhagwan Agarwal and Ors. Vs. Allahabad Bank and Ors.

Present: None for the appellants, Shri Manoj Kumar Srivastava, counsel for the respondents no. 1 & 2-Bank, None for the respondents no. 3 to 6,

The office report dated 05.12.2022 shows that the I.A. No. 438/2022 being substitution application has been filed for substituting the legal heirs of the appellant no. 1. The I.A. No. 439/2022 being delay condonation application has been filed along with the substitution application. In the said application, it has been stated that in the last week of August on 30.08.2022, one of the applicants came to his shop and told about the pendency of the present appeal. Before that the applicant had no knowledge of the same. It is contended that thereafter, the applicant came in touch with Shri R. K. Tiwari, Advocate, who advised him to file substitution application in the present appeal. It is, therefore, prayed that the delay in filing the substitution application may be condoned.

In view of the submission made by the learned counsel for the appellant, the application is allowed and the delay in filing the substitution application is condoned.

Learned counsel for the appellant submits that the appellant no. 1 has expired during the pendency of the present appeal leaving behind his legal heirs, therefore, it is prayed that the substitution application may be allowed so that the legal heirs of the appellant no. 1 can be brought on record.

The substitution application being I.A. No. 438/2022 is allowed and the appellant is directed to substitute the legal heirs of the appellant no. 1 by the next date.