HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 5875 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri. Ram Bali Ram, learned counsel for the petitioner. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the plaintiff-respondents, proforma defendant- respondents. 3. The case of the defendant-petitioner is that the Original Suit No.579 of 2006 (Rajdev vs. Meera Devi and others) came to be instituted before the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Ghazipur. During pendency of the said suit, the plaintiff no.2, namely, Ram Sukh expired on 15.01.2025. Proceedings under Order 22, Rule 3 of the C.P.C. stood abated for bringing on record the legal heirs. Since there was an enormous delay and substitution application were also there, the court below allowed the delay condonation application and substitution application on 09.01.2026. Against which, the defendant-petitioner has filed the present petition. 4. Learned counsel for the defendant-petitioner submits that there was an enormous delay, which could not have been condoned in the manner in which it has been done, particularly, when on mere asking the delay cannot be condoned. Submission is that there happens to be an objection of the defendant-petitioner also, which has been brushed aside 5. I have heard the submissions made at the bar and perused the record. 6. Simply by way of the order impugned, the legal heirs of the deceased have been substituted, might be there was a delay but there was a delay condonation application seeking condonation of delay. It is a settled law that in the matters of substitution, a liberal approach is to be adopted in that Versus Counsel for Petitioner(s) : Ram Bali Ram Counsel for Respondent(s) : Meera Devi .....Petitioner(s) Rajdev And 13 Others .....Respondent(s) regard, particularly, when the legal heirs only get substituted while stepping into the shoes of the deceased. However, they have to get their right crystalized by substituting their claims. 7. Accordingly, no good ground is made out to interfere. The present petition stands disposed of. May 6, 2026 Ajeet A227 No. 5875 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad