Kailash Chander vs Union Of India And Others

Vide MA 645/2018 the applicant seeks substitution in place of deceased applicant Mr. Kailash Chander, who expired on 3rd September, 2017, on the

ground that the applicant left behind his wife and two sons as his legal heirs. The sons have already filed affidavit authorizing their mother t o

represent them with NOC. Since the application was moved beyond the period of limitation, i.e., ninety days, therefore MA 947/2018 has been moved

for condoning the delay and setting aside the abatement.

Heard learned counsel for the parties. Learned counsel for the respondents has filed replies to both the applications and submits that no sufficient

cause has been shown by the applicant for condoning the delay in filing MA 645/2018.

However, in the interest of justice we deem it appropriate to set aside the abatement and allow substitution of the applicant, i.e., wife of the deceased

Mr. Kailash Chander, to represent him in the present case.

In this view of the matter both the MAs are allowed. Smt. Neenu Bala Wason, wife of the deceased applicant is substituted in his place.

List the main matter for final hearing on 21st April, 2020.