1. This application is directed against the order dated 28th Dec. 1995 passed by the learned Additional District Judge, First Court; Bhagalpur in Miscellaneous Appeal No. 12 of 1975. By the impugned order the learned Additional District, Judge has affirmed the order of the trial court by which the prayer of the petitioner to be substituted after setting aside abatement had been rejected on the concurrent finding that the petitioner had not been able to show sufficient cause for not filing an application within the time allowed by law.

2. The only relevant facts worth noticing for the decision of this case are these. Title Suit No. 35 of 1969 was instituted by one Narsingh Lal in the court of the Munsif, Bhagalpur. At the outset I may state that the aforesaid Narsing Lal was none else than the own uncle of the present petitioner. In the suit the relief claimed was for setting aside an ex parte decree for arrears of taxes regarding Holding No. 5, Circle No. 14, Ward No. 18 of Mohalla Mirjan Hat within the municipal limits of Bhagalpur Municipality. The decree had been obtained by the Bhagalpur Municipality. During the pendency of the suit, the petitioner claims to have purcha