Sanjib Banerjee, J. - (1.) The petitioners are aggrieved by an order rejecting their application under Order XXVI Rule 9 of the Code in a suit relating to an immovable property.
(2.) It appears that during the pendency of this petition the petitioners discovered that the third defendant had died. The petitioners claim that no contemporaneous intimation in such regard was issued to the petitioners by Advocate formerly representing the third defendant in the trial court. The petitioners claim to have applied for substitution of the third defendant in the suit.
(3.) Can 11428 of 2017 has been filed for deleting the name of the third opposite party herein and for addition of his heirs as parties to the present proceedings.;