ORAL JUDGMENT

Date : 01-12-2025 The present Civil Miscellaneous has been filed for setting aside the order dated 18.07.2017 passed by learned Munsif, Bagaha, West Champaran in Title Suit No. 47 of 2007, whereby and whereunder the petition dated 15.06.2017 filed by the respondents for substitutions of the names of the applicants/respondent Nos. 1 and 2 in place of deceased Janardan Mishra have been illegally and arbitrarily allowed without considering the materials available on record.

2. Heard learned counsel for both the parties.

3. The Title Suit No. 47 of 2007 was filed for declaration of title over the suit properties. The above suit was filed by the plaintiff Janardan Mishra against the defendants/petitioners. During course of trial, said Janardan Mishra died on 18.02.2017. Subsequently, on 15.06.2017, after more than three months, a petition was filed on behalf of his grand-son on the basis of deed of will for impleadment in the said title suit. That petition was allowed at the cost of Rs. 5000/-.

4. It is submitted by learned counsel for the petitioner that despite full knowledge about the death of said Janardan Mishra on 18.02.2017, the substitution petition was deliberately