The main legal point established in the judgment is the interpretation of the applicability of the Limitation Act and the Code of Civil Procedure in writ proceedings, specifically regarding the period for filing a substitution petition.

(Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA)

I.A. No. 7454/2013 with I.A. No. 3807/2014 and I.A. No. 4463/2014:

Learned counsel for the appellants is permitted to correct the provision of law in I.A. Nos. 7454/2013 and 3807/2014 to Article 226 of the Constitution of India in the course of the day.

2. The three interlocutory applications have been filed for substitution of respondent no. 1, who is stated to have died in the month of March, 2008, by his heirs and legal representatives and also for setting aside the abatement of LPA No. 1559/2009 and for condoning the delay in filing the two interlocutory applications.

3. The case has a chequered history as the Letters Patent Appeal itself had earlier stood dismissed on account of non-compliance of the peremptory order dated 15.7.2011 for bringing the heirs of respondent no. 1 on the record within three weeks but was subsequently restored by order dated 23.9.2014 passed in MJC No. 5319/2013 with the observation that the Court was satisfied with the reason assigned for non-compliance of the order dated 5.8.2011.

4. Learned counsel for the respondents opposes the prayer for substitution on the ground that the substitution had been filed on 8.10.2013 after more than three years from the death in March, 2008 of respondent no.1. In support of the same learned counsel relies upon a decision of a learned single Judge of this Court in the case of Sukh Bilas Roy & Ors. Vs. The State of Bihar & Ors.: 2013(3) PLJR 857, in paras 14 and 15 of which it has been held as follows:-

“14. Coming once again to the provisions of the Limitation Act, this Court finds that under Article 137 a period of three years has been prescribed for filing any application for which no period of limitation has been provided. The period of 3 years is a long period. If death of a party takes place, then the petitioner/appellant of writ petition/writ Appeal/L.P.A. or the proposed heirs may not be required to file a substitution petition strictly within a period of 90 days, but he/she is required to take steps for substitution within a reasonable period of time. In the considered opinion of this Court, if the steps are not taken within a maximum period of 3 years, then the prayer for substitution cannot be allowed and the legal rights accrued to the successful respondents or the heirs and legal representatives of a deceased respondent cannot be taken away in a mechanical manner and further they cannot be compelled to contest such proceeding, which has abated due to non-substitution of the heirs and legal representatives of the deceased within a reasonable period of time of 3 years.

15. For coming to the conclusion that a period of three years would be a reasonable maximum period of time for taking steps for substitution of the heirs and legal representatives of a deceased party, I am fortified by a judgment of a Division Bench of this Court (Coram: L.M. Sharma & Manoranjan Prasad, JJ.) in the case of Harakh Nath Singh Vs. Lodha Singh (1978 B.B.C.J. 481). In that case the issue involved was that what would be the period of limitation for filing a substitution petition for substituting the heirs and legal representatives of a deceased party in a Civil Revision application filed under Section 115 C.P.C. and further as to whether the provisions of Order 22 of the Code of Civil Procedure apply and, therefore, whether in terms of Article 120 of the Limitation Act, 1963, a substitution petition is required to be filed within a period of ninety days. After considering large number of judgments, the Division Bench of our own High Court taking a cue from Article 137 of the Limitation Act came to a conclusion that the period of limitation for allowing the prayer for substitution would be three years, as the provisions of Order 22 of the Code of Civil Procedure do not apply to a substitution application in civil revision applications filed under Section 115 of the Code. For better appreciation, I am tempted to quote Paragr