Subrata Talukdar, J.

1. By filing the present CO 2726 of 2013 the petitioners challenge the order impugned dated 9th July, 2013 passed by the Learned Second Civil Court (Senior Division) at Howrah in Miscellaneous Appeal 201 of 2011.

By the said impugned order the Learned Second Civil Court (Senior Division) was pleased to decide an application filed by the petitioner under Order 22 Rule 3 of the Code of Civil Procedure. By filling the said application the present petitioners who are also the appellants in Misc. Appeal No. 201 of 2012, prayed for substitution of the legal heirs of the appellant namely, Shanti Devi alias Mahato (since deceased).

The said legal heirs of the deceased appellant were stated to be Gobinda Mahato, Bhagabati Mahato, Mamta Mahato and Gita Mahato. The proposed substituted legal heirs had pointed out before the Learned Appellate Court that the late Shanti Devi/appellant died on 30th of January 2012. In support of their claim to be the legal heirs of the Late Shanti Devi, the proposed substituted appellants have filed copies of their Voter Identity Cards.

Before the Learned Appellate Court the Learned Counsel for the present opposite parties/respond