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2012 (11) TMI 166 - SUPREME COURTMaintainability of Special Leave Petition - application for substitution of a respondent who was dead when the SPL was filed - Held that:- Where a party has been impleaded as respondent in an appeal but such respondent was dead before filing of the appeal, the remedy of the appellant is not to file an application for substitution of legal representatives of such respondent, but to file an application for an amendment of the appeal memorandum and in a case where such application for amendment is filed beyond the limitation prescribed for filing the appeal, the appellant must also file an application under Section 5 of the Limitation Act for condonation of delay in filing the application for amendment and if the Court is satisfied with the explanation given by the appellant for the delay, the Court can condone the delay and allow the amendment of the appeal memorandum - provisions of Order XVI Rules 8 and 9 will apply at the time of filing of the SLP the respondent was alive and after the filing of the Special Leave Petition his legal representatives are sought to be substituted & not where the respondent was dead when SLP filed. I.A. No. 2 of 2011, an application for substitution of legal representatives of deceased respondent No.1. is to be treated as an application for amendment of the Special Leave Petition and as the delay in filing the application for amendment of the Special Leave Petition has been satisfactorily explained in I.A. No.3 of 2011, the delay is condoned and in the interests of justice, I.A. Nos. 2 and 3 of 2011 are allowed.
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