Amareshwar Sahay, J. - (1.) THIS appeal is held to be maintainable.
(2.) HEARD the parties and with their consent, this appeal is being disposed of at this stage itself on its merit. The appellants have preferred this appellant against the order dated 06/07/2005, whereby, the learned 1 Additional District Judge, Jamshedpur, rejected the petition filed bon behalf of the appellants for substituting the heirs of the appellant, who died during pendency of the appeal on 05/12/2004, on the ground that the application for substitution was barred by limitation since no sufficient ground was shown by the appellants for not filing the application within time.
(3.) IT appears that the sole appellant namely Md. Ahmad died on 05/12/2004 and for substituting the name of his heirs, an application was made on 16/06/2005. A separate application for condoning delay in filing the belated application for substitution was also filed by the appellants.;