JUDGMENT :

Dr. A.K. Rath, J.

By this application under Article 227 of the Constitution of India, challenge is made to the order dated 26.02.2014 passed by the learned District Judge, Cuttack in R.F.A. No.17 of 2011, whereby and whereunder, learned appellate court rejected the application of the petitioner under Order XXII Rule 10 C.P.C. to substitute him in place of the deceased-appellant.

2. Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that the opposite party as plaintiff instituted C.S. No.467 of 2006 in the court of the learned Civil Judge (Sr. Div.), 1st Court, Cuttack for specific performance of contract impleading one Lokanath Das as defendant. The defendant entered appearance and filed written statement denying the assertions made in the plaint. The suit was decreed. Assailing the judgment and decree, the defendant filed R.F.A. No.17 of 2011 before the learned District Judge, Cuttack. Since there was delay in filing the appeal, an application under Sec.5 of the Limitation Act was filed to condone delay. While the matter stood thus, the appellant died on 29.06.2013 leaving behind his widow, son a