CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

9 08-12-2025 Re: I.A. No. 03 of 2025 The instant interlocutory application has been filed by the appellant under Order XXII Rule 4 read with Rule 9(2) of the Code of Civil Procedure, 1908 ( in short ‘CPC’) and under Section 5 of the Limitation Act, 1963 for condoning the delay in filing the substitution petition and thereafter, for substitution of the legal heirs of the deceased Plaintiff/Respondent No. 1 namely, Chitranjan Mukharjee.

2. Learned counsel appearing for the appellant submits that Respondent No. 1, Chitranjan Mukharjee, died on 20.12.2020 during the pendency of the appeal, his wife predeceased him in 2015 and one daughter also died in 2019, hence, he is survived by two daughters, whose details are mentioned in paragraph 1(i) and 1(ii) of the interlocutory application. It is further submitted that the appellant, residing in Motihari, had no knowledge of the respondent’s death, as the deceased had been living in Kolkata and the appellant’s earlier conducting lawyer failed to inform him about the death of respondent no. 1 and did not file a substitution petiti