SHREE CHANDRASHEKHAR, J.

1. Aggrieved by order dated 13.12.2013 in Misc. (Civil) Appeal No. 10 of 2012 in Partition Suit No. 54 of 1979, the petitioner has approached this Court.

2. The learned counsel appearing for the petitioner has submitted that though it was known to the plaintiff no. 2 that her mother as well as the original defendants have died long back, she filed the application seeking deletion of the name of plaintiff no. 1 and substitution of defendants in the pending Partition Suit No. 54 of 1979 only on 25.01.2012 which was grossly barred by limitation. Though, a supplementary case record was opened, the learned District Judge on an erroneous presumption that no supplementary case record was opened at the Garhwa Judgeship, interfered with the order dated 18.07.2012 passed by Sub-Judge IV in Partition Suit No. 54 of 1979. It is further submitted that it appears from the record of the Court of Sub-Judge, Palamau at Daltonganj that Partition Suit No. 54 of 1979 continued in the same Court as recently as in the year, 2010 and the death of defendants was known to the substituted plaintiff however, she did not take proper steps in the matter.

3. Heard the learned co