The court confirmed the validity of substitution applications for deceased parties within the statutory limit, necessitating amendments to relevant decrees.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

6 13-01-2026 Re: I.A. No. 07 of 2025 This interlocutory application has been filed for clarifying the status of respondent no. 22 and appellant nos. 1 to

3 and respondent nos. 34 to 38.

2. Learned counsel for the appellants submits that during pendency of Title Appeal, respondent no. 22 had died and a substitution petition was filed for substituting the heirs of deceased respondent no. 22, who are respondent nos. 34 to 38 but the said substitution petition was not heard due to which the name of the deceased respondent no. 22 has been mentioned in certified copy of the decree under appeal.

3. Learned counsel for the appellants further submits that so far appellant nos. 1 to 3 is concerned, they were substituted in Title Appeal No. 15 of 1996 as the heirs of Katari Das @ Jagdish Das were substituted but inadvertently their names have not been mentioned in the decree under appeal.

4. Considering the aforesaid facts and averments made in the interlocutory application, I.A. No. 07 of 2025 is allowed.

5. Office is directed to send the decree under appeal for its correction with regard to the name of the heirs of appellant no. 1(a).

6. So far respondent no. 22 is concerned, the application was filed for substitution of deceased respondent no. 22 in the court of learned Appellate Court well within the statutory period of limitation.

7. Considering the aforesaid facts and averments made in the interlocutory application, the heirs of appellant no. 22 be added as respondent nos. 34 to 38 in the present memo of appeal.

Re: I.A. No. 03 of 2025

8. This interlocutory application has been filed for substituting the name of the heirs of deceased appellant no. 4, namely, Rameshwar Das, who died on 14.05.2024 leaving behind his heirs and legal representatives whose details are mentioned in paragraph no. 1 of the interlocutory application. It is further submitted that the wife of appellant no. 4 pre-deceased him and also for substituting the name of the heirs of deceased appellant no. 7, who died on 06.02.2025 leaving behind his heirs and legal representatives whose details are mentioned in paragraph no. 3 of the interlocutory application. It is submitted that wife of appellant no. 7 pre-deceased him.

9. So far substitution of heirs of deceased respondent no. 33, namely, Nandu Rai is concerned, he died on 19.04.2024 leaving behind his heirs and legal representatives whose details are mentioned in paragraph no. 5 of the interlocutory application.

10. Learned counsel for the appellants submits that a duly executed Vakalatnama of the heirs of appellant nos. 4 and 7 has already been filed on 15.11.2025, which is already on record.

Re: I.A. No. 04 of 2025

11. This interlocutory application has been filed for setting aside abatement and condonation of delay in filing the setting aside abatement against appellant nos. 4 and 7 and respondent no. 33.

12. Issue notice to the proposed heirs of respondent no. 33 in I.A. Nos. 03 of 2025 and 04 of 2025 under Speed Post with A/D as well as through ordinary process for which requisites etc. must be filed within one week.

(Khatim Reza, J)