Delay of 27 days in filing substitution petition was justified to ensure proper adjudication.

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 not filed by the respondents within time and different petitions were filed on on 12.04.2017, 03.05.2017 and 03.06.2017 without disclosing this fact that original plaintiff Janardan Mishra has already died on 18.02.2017.

5. Contrary to this, learned counsel appearing on behalf of the respondents submits that respondents had no knowledge about any will executed in their favour by the said Late Janardan Mishra, original plaintiff of the suit and when they got knowledge, they filed a petition on 15.06.2017 which was allowed by the Trial Court with a cost of Rs. 5000/-. Learned counsel further submits that so far as filing of other petitions are concerned, that petitions were filed on behalf of the learned counsel and in those petitions, no affidavit was filed on behalf of the respondents.

6. After going through the impugned order, it transpires that learned Trial Court has held that there is only a delay of 27 days in filing the substitution petition and considering the circumstances as mentioned in the substitution petition, the same was allowed with a cost of Rs.

5000/-.

7. After hearing both the parties, it clearly transpires that there is a delay of 27 days in filing the substitution petition, but to avoid the multiplicity of the suit and for proper adjudication of the case, the impleadment is necessary for the ends of justice.

8. Hence, I do not find any illegality and impropriety in the order impugned dated 18.07.2017 passed by learned Munsif, Bagaha, West Champaran in Title Suit No. 47 of 2007. The order impugned is hereby upheld.

9. Accordingly, present Civil Miscellaneous No.

1819 of 2017 stands dismissed.