IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3685 of 2018 In SECOND APPEAL No.226 of 2005 ======================================================

Sakaldeep Chaudhary and others ... ... Petitioner/s Versus Chalitar Chaudhary and others ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Yogendra Mishra, Advocate Ms. Swati Mishra, Advocate For the Opposite Party/s :

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

7 18-02-2026 Interlocutory Application No.04 of 2024 This interlocutory application has been filed by the petitioners under Order XXII Rule 4 and 3 of the Code of Civil Procedure for substituting the heirs and legal representatives of petitioner no.1, Sakaldeep Choudhary, who died on 03.07.2022, leaving behind the heirs and legal representatives whose details are mentioned in paragraph no.1 of the interlocutory application.

2. This application has been filed well within the statutory period of limitation.

3. It is submitted that a duly executed vakalatnama of the heirs of the deceased petitioner no.1, Sakaldeep Choudhary, has been filed.

4. Having regard to the facts and circumstances of the case and the averments made in the interlocutory application, same is allowed.

5. Office is directed to delete the name of the deceased petitioner no.1, Sakaldeep Chaudhary, from the cause title of the application and substitute the name of his heirs and legal representatives in his place.

6. Interlocutory Application No.04 of 2024 stands allowed.

Interlocutory Application No.03 of 2024

7. This interlocutory application has been filed by the petitioners under Section 5 of the Limitation Act for condoning the delay, if any, in filing the substitution petition in respect of petitioner no.1.

8. Since the substitution petition in respect of deceased petitioner no.1, Sakaldeep Chaudhary, has been filed within three years, there is no question of limitation.

9. Accordingly, Interlocutory Application No.03 of

2024 stands disposed of having become infructuous.

Interlocutory Application No.05 of 2024

10. This interlocutory application has been filed by the petitioners under Order XXII Rule 3, 11 of the Code of Civil Procedure and Section 5 of the Limitation Act for substituting the heirs and legal representatives of petitioner no.2, Lakshmi Devi, who died on 30.03.2023, leaving behind the heirs and legal representatives whose details are mentioned in paragraph no.1 of the interlocutory application.

11. It appears that vakalatnama on behalf of the heirs of the deceased petitioner no.2, Lakshmi Devi, has not been filed.

12. Learned counsel for the petitioners prays for and is granted two weeks’ time to file vakalatnama on behalf of the heirs of the deceased petitioner no.2, Lakshmi Devi.

13. List this interlocutory application after two weeks.

Interlocutory Application No.02 of 2019

14. Learned counsel for the petitioners seeks permission to correct paragraph no.1 as well as 6 of the interlocutory application. Permission is granted. Let the same be done in course of the day.

15. This interlocutory application has been filed by the petitioners under Order XXII Rule 4 and 9 read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act for substituting the heirs and legal representatives of opposite party nos. 1, 3, 4 and 9 after condoning the delay in filing the application.

16. Learned counsel for the petitioners submits that opposite party no.1, Chaliter Chouhdary, has died on 08.01.2016, leaving behind the heirs and legal representatives whose details are mentioned in paragraph no.2 of the interlocutory application.

17. Further, opposite party no.3, Chandeshwar Chaudhary, has died on 24.06.2015 leaving leaving behind the heirs and legal representatives whose details are mentioned in paragraph no.3 of the interlocutory application.

18. Opposite party no.4, Arhula Devi, has died on

17.07.2