1. Heard on admission.

2. This is a Miscellaneous Appeal preferred under Order 43 Rule 1(k) of the Code of Civil Procedure, 1908 (for short 'the CPC') by the legal representatives/Applicants of the sole deceased Plaintiff namely Bisesar Sahu against the order dated 22.12.2016 passed by the 1st Additional District Judge, Durg in Civil Suit No.3-A/2002, by which the applications filed under Order 22 Rule 3, order 22 Rule 9 CPC and Section 5 of the Indian Limitation Act have been rejected.

3. The undisputed facts of the case are that the original Plaintiff Besesar instituted a suit for declaration of title, partition and for separate possession by claiming 1/7th share with regard to the Plaint-Schedule A, B & C properties as described detailed in the said Schedules. During the pendency of the suit, the sole Plaintiff Besesar expired on 28.2.2012. Upon his death, an application as required under Order 22 Rule 3 CPC has been made by his legal representatives/Applicants on 21.9.2012. After filing of the said application, other applications as required under Order 22 Rule 9 of the CPC and Section 5 of the Indian Limitation Act have also been filed by the Applicants on 12.11.2014 by s