Mr. Aparesh Kumar Singh, J.

Heard learned counsel for the petitioners and learned counsel representing the respondent no.2/plaintiff no.3.

2. Learned court of Civil Judge, Senior Division-II, Jamtara has by the impugned order dated 9th January 2017 passed in Title Suit No.23/2005 allowed substitution of the legal heirs of plaintiff no.1 Anil Hembram being his widow and daughter (respondent nos. 3 and 4 herein).

3. Brief facts relevant for consideration of the issues in controversy are referred to herein after. An application was made on 6th August, 2008 for substitution of the legal heirs of plaintiff no.1 (his widow and daughter) before the learned court stating that he had died on 27th May 2008. An application for condonation of delay was also made under Section 5 of the Limitation Act on the same day. It was stated therein that the plaintiffs are tribals by caste and illiterate Santhals. It also reiterated that plaintiff no.1 died on 27th May 2008. A petition was also filed on the same day by plaintiff no.2 stating that plaintiff no.1 had died on 27th May 2008. Defendants were allowed time to file rejoinder to the same as is evident from the order dated 6th August 2008. A