JUDGMENT :

HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

1. The instant civil misc. petition has been filed under Article 227 of the Constitution of India, wherein the order dated 10.05.2022 passed by the learned Senior Civil Judge-I, Sahibganj in Title Suit No. 17 of 2010, whereby and whereunder, the learned trial court has allowed the petition filed on behalf of the defendant dated 15.012022 whereby and whereunder, the ground has been taken that since the preliminary decree has been passed against the dead person, as such, the entire decree suffers from the principle of nullity. Another petition was filed under the provision of Order 22 Rule 3 and 4 of the CPC on 28.02.2022 seeking prayer therein that the parties who have died were alive at the time of institution of the partition suit no. 17 of 2010 and during pendency of the suit, the parties died but no substitution petition could be filed since the suit has not been filed by a dead person against a dead person so the judgment of decree passed by the original court has got no legal sanctity. The petition dated 15.01.2022 has been rejected while the petition dated 28.02.2022 has been allowed.

2. The brief facts of the case as per the p