Neutral Citation No. - 2025:AHC-LKO:24881 Court No. - 6 Case :- WRIT - C No. - 1002207 of 2000 Petitioner :- Raja Ram And Others Respondent :- Addl. District Judge Sultanpur And Others Counsel for Petitioner :- U.S.Sahai,Mohd.Aslam Khan,Mohd.Shadab Khan,Mohiuddin Khan,U.S. Sahai Counsel for Respondent :- C.S.C.,Amit Mishra,O.N.Tripathi,Saurabh Pathak,Shailesh Kumar Pathak Hon'ble Pankaj Bhatia,J. Order on I.A. No.18 of 2024 1. The present application has been filed seeking condonation of delay in filing substitution application. 2. The cause shown is sufficient. The application is allowed. 3. The delay in filing the substitution application is condoned. Order on I.A. No.20 of 2024 4. The present applicant seeks substitution of legal heirs of petitioner no.3, who died on 03.09.2017. 5. The application is allowed. 6. The Counsel for the applicant is permitted to carry out necessary substitutions during the course of the day. Order on I.A. No.19 of 2024 7. The present application has been filed seeking setting aside abatement. 8. In view of the order passed on the substitution application, the application is allowed. The abatement is set aside. Order on Main Petition 9. The present petition has been filed challenging an order dated 03.08.2000 whereby, the appeal of the plaintiff was allowed. The reasoning recorded in the order reveals that the indigent was denied by the Munsif Court on the ground that the natural father of the petitioner has various properties whereas the case of the petitioner at the appellate court was that he was adopted by Smt. Shushila Devi, as such, the appellate Court was of the view that this fact ought to have been considered. In the said order although the appeal has been allowed, however, no exercise for determining the property of Smt. Shushila Devi has been undertaken to determine the indingency of the petitioner, as such, the order dated 03.08.2000 cannot be sustained and is quashed. The writ petition is allowed. 10. The matter is remanded back to the trial court to determine the indigent keeping in view the submission of the Counsel for the petitioner and a sale deed executed in respect of the properties owned by the plaintiff. All these aspect shall be considered by the trial court and decide the same afresh in accordance with law. Order Date :- 30.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench