Neutral Citation No. - 2025:AHC-LKO:13869 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2133 of 2024 Petitioner :- Jiledar Yadav And 4 Others Respondent :- The Court Of Addl. District Judge Court No. 3, Distt. Pratapgarh And 2 Others Counsel for Petitioner :- Devendra Kumar Pathak,Alok Kirti Mishra Counsel for Respondent :- C.S.C.,Rakesh Kumar Modanwal Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and Shri Rakesh Kumar Modanwal, learned counsel for the respondent. 2. The present petition has been filed challenging the order dated 20th May, 2016, whereby the application for substitution filed along with a delay condonation application was rejected as well as the order dated 13.03.2024, whereby the revision preferred against the said order was also rejected. 3. The facts that emerge from the record are that a suit was filed by one Ram Adhar. During the pendency of the suit, he died, as such, a substitution application was moved on 02.05.2011. The said application is on record. It bears two dates, i.e., 02.05.2011 and 30.08.2011. By way of abundant caution, Section 5 application was also moved. Both the courts below disbelieved the contention of learned counsel for applicants on the ground that in the record of the case, no application was found to have been moved on 02.05.2011. Thus, on that ground, Section 5 application as well as the substitution application were rejected and it was held the suit has abated. 4. On perusal of the said two orders, an unduly harsh view has been taken in rejecting the application under Section 5. The delay was not substantial, as the death of the main plaintiff took place on 28.03.2011, even if it is treated that the application was filed on 30th August, 2011, there was no substantial delay so as to frustrate the suit. 5. In view thereof, both the orders are quashed. The substitution application is allowed. The petitioner shall amend the array of the parties in the suit by filing an appropriate application. The suit shall thereafter proceed and shall be decided in accordance with law. As the suit is very old one, it is directed that the same shall be adjudicated and decided with all expedition without giving any unnecessary adjournment to any of the parties preferably within a period of one year. 6. The petition is disposed of in terms of above. Order Date :- 6.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench