JUDGMENT

A. S. NAIDU, J. : This Writ Petition has been filed chal¬lenging the order dated 20.1.2004 passed by the learned Civil Judge (JD), Jaleswar in Original Suit No.917 of 1994 refusing to condone the petition delay and rejecting the petitions for set¬ting aside abatement and substitution.

2. It appears that the petitioner was the plaintiff in the aforesaid Original Suit which was one for declaration of right, title and interest in respect of the disputed property. During pendency of the suit on 15th of February, 1999 the sole of defendant died leaving behind him his legal representatives. A Memo was thereafter filed under Order 22, Rule 9 CPC by the counsel for the said defendant intimating the Court about the fact of death. But then no steps were taken by the plaintiff-petitioner to substitute the deceased sole defendant. As a conse¬quence, by order dated 20.9.2000 the Court below observing that no steps had been taken for substitution of the deceased sole defendant, dismissed the suit as abated. Thereafter a petition was filed by the petitioner for substitution, but the same was rejected.

3. On 19.8.2002 once again three petitions were filed by the petitioner, one under Orde