1. Heard on admission.

2. This is a Miscellaneous Appeal preferred under O.43, R.1(k) of the Code of Civil Procedure , 1908 (for short 'the CPC') by the legal representatives / Applicants of the sole deceased Plaintiff namely Bisesar Sahu against the order, dated 22.12.2016 passed by the 1st Additional District Judge, Durg in Civil Suit No.3 - A / 2002, by which the applications filed under O.22, R.3, O.22, R.9, CPC and S.5 of the Indian Limitation Act have been rejected.

3. The undisputed facts of the case are that the original Plaintiff Besesar instituted a suit for declaration of title, partition and for separate possession by claiming 1/7th share with regard to the Plaint - Schedule A, B and C properties as described detailed in the said Schedules. During the pendency of the suit, the sole Plaintiff - Besesar expired on 28.2.2012. Upon his death, an application as required under O.22, R.3, CPC has been made by his legal representatives / Applicants on 21.9.2012. After filing of the said application, other applications as required under O.22, R.9 of the CPC and S.5 of the Indian Limitation Act have also been filed by the Applicants on 12.11.2014 by submitting inter alia that t