At, Supreme Court of India
By, THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN
For the Appellant: Rachana Joshi Issar, Advocate. For the Respondents: Shivendra Singh, Advocate.
1. These are applications filed by the Chandigarh Housing Board which is the petitioner in the Special Leave Petition, seeking condonation of delay of 5792 days and also seeking to bring on record the lrs. of the deceased second respondent.2. But it appears from the file that the second respondent died on 28.10.2003, even during the pendency of the second appeal before the High Court of Punjab & Haryana. The judgment of the High Court of Punjab & Haryana impugned the Special Leave Petition was rendered on 10.08.2018, which is 15 years after the death of the second respondent.3. When the appeal before Punjab & Haryana High Court itself had abated as against the second respondent, the question of abatement in this Court and the question of seeking to set aside the abatement against the second respondent does not arise.4. As a matter of fact, the first respondent was the plaintiff in the suit and he is the decree holder and he continues to be on record. Therefore, the contest is virtually between the petitioner and the first respondent.5. Hence, I.A.No.186336/2019 for substitution to bring on record the lrs. of deceased r
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espondent no.2 & I.A.No.186338/2019 for condonation of delay of 5792 days in filing substitution application are dismissed.