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The HC allowed the applicant's impleadment application and condoned the delay in seeking substitution as legal representative, holding that statutory provisions under FERA and FEMA preserve the right of legal representatives to continue pending proceedings and do not impose a restrictive timeline for substitution. Having regard to the prolonged non-listing of the appeal from 2009 to 2022, the applicant's lack of knowledge of the appeal's pendency until 2023 and the peculiar facts surrounding the deceased-appellant's death, the Court found a bona fide and reasonable explanation for the delay of 3,621 days. The application for condonation is allowed and the applicant is entitled to be substituted as legal representative.
The HC allowed the applicant's impleadment application and condoned the delay in seeking substitution as legal representative, holding that statutory provisions under FERA and FEMA preserve the right of legal representatives to continue pending proceedings and do not impose a restrictive timeline for substitution. Having regard to the prolonged non-listing of the appeal from 2009 to 2022, the applicant's lack of knowledge of the appeal's pendency until 2023 and the peculiar facts surrounding the deceased-appellant's death, the Court found a bona fide and reasonable explanation for the delay of 3,621 days. The application for condonation is allowed and the applicant is entitled to be substituted as legal representative.
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