CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

22 10-02-2026 Re: I.A. No. 8 of 2022 The present interlocutory application has been filed on behalf of the appellants under Order XXII Rule 4(i) of the Code of Civil Procedure for substituting the names of the heirs of respondent no. 1(b), namely, Chotan Rai, respondent no. 8, namely, Ram Nandan Rai as well as respondent no. 9, namely, Sita Ram Rai.

2. Learned counsel for the appellants submits that earlier the appeal was dismissed for non-compliance of the peremptory order dated 05.07.2018, whereafter a restoration application being M.J.C. No. 2514 of 2018 was filed. During the pendency of the said M.J.C., respondent nos. 8 and 9 have died on 23.01.2021 and 30.01.2021 respectively and a petition for substitution of their heirs was filed in the said M.J.C., which were allowed vide order dated 29.09.2021 in I.A. No. 04 of 2021. Consequently, the present appeal was restored to its original f