ORDER : – This Miscellaneous appeal is filed by the plaintiffs being aggrieved of order dated 23-10-2003 passed by the learned Additional District Judge, Lakhnadon refusing to entertain an application under Order 22 Rule 9 Civil Procedure Code read with Rule 11 and section 5 of the Limitation Act dated 1-3-2000 on the ground that plaintiff Annobai who had filed appeal 96-A/98 died on 8-1-1999.

2. The application was filed on 17-4-1999 seeking substitution of legal representatives of the deceased plaintiff to be made a party. That application was dismissed vide order dated 20-12-1999 when the application under Order 22, Rule 9 and 11 read with section 5 of the Limitation Act was filed on 1-3-2000 and the same has been dismissed by the learned Additional District Judge, Lakhnadon on the ground that since order dated 20th December, 1999 rejecting an application under Order 22, Rule 3 was not challenged, therefore, second application is not maintainable.

3. Reliance is placed on the judgment of the Supreme Court in the case of Banwari Lal (dead) by L.Rs. and another vs. Balbir Singh, 2016(4) M.P.L.J. (S.C.) 248 wherein it is held that the provisions of Order 22 are not penal in nature.