Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 121 of 2004 Narayan Oraon & Ors. ..Appellants Versus Randsi Oraon & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI For the Appellants : Mr. Birendra Kumar, Advocate For the Respondents : Mr. S.N. Das, Advocate ----- I.A. Nos. 3614/2008, 1859/2011 and 1861/2011 12/26.08.2013 The heirs and legal representatives of appellant no. 4-Rama Oraon have prayed for their substitution in place of the said appellant after condoning the delay and setting aside abatement. It has been stated that appellant no. 4 died on 10.07.2008 leaving behind his heirs and legal representatives, as described in para 4 of the application. The applicants are rural tribals and they are not acquainted with the legal provision. They could not know that the step for substitution after the death of appellant no. 4 was required to be taken within 90 days. Subsequently when they came to the office of their counsel, they were advised to file petition for substitution with the prayer for condonation of delay and setting aside abatement. Thereafter, these applications were filed. In the said process, there was delay of 65 days. Learned counsel for the appellants submitted that there was no wilful delay or laches on the part of the applicants and they were prevented from taking the said steps within time under the said circumstance beyond their control. Learned counsel for the respondents has not controverted the said facts and the reasons explained in the applications and has not opposed the applications. Considering the reasons explained by the applicants, this Court is satisfied that there was no deliberate laches on the part of the applicants in not taking steps for their substitution earlier under the said circumstance beyond their control. In view of the above, these applications are allowed. The delay in filing petition for substitution is condoned. Abatement is set aside and the applicants' prayer for their substitution in place of appellant no. 4 is allowed. Applications are, accordingly, disposed of. ( Narendra Nath Tiwari, J) Rakesh/