P.P.Bhatt, J. - (1.) I.A. No. 2205 of 2013
(2.) THE present interlocutory application is filed under Order XXII, Rule 4 and 9 and Section 151 of the Code of Civil Procedure for substitution of legal heirs of defendant Nos. 5, 9 and 15 after setting aside the abatement by condoning delay, if any. Heard the learned counsel for the appellants. Perused the application, which is supported by an affidavit. It is submitted that respondent No. 5 namely Sukhi Mahatain died on 29.06.2004 during the proceeding of Partition Suit No. 18 of 2003 leaving behind his legal heirs as stated in paragraph 4 of the application. It is further stated that although the name of legal heirs of deceased respondent No. 5 were duly substituted before the trial court but due to inadvertence and bona fide mistake namely Sukhi Mahatain -respondent No. 5 was also made party in the present appeal along with her substituted legal heirs.
(3.) IT is further stated that so far as respondent No. 9 namely Lehri Mahato, Daughter of Late Kalicharan Mahato is concerned, she died on 03.09.2009, unmarried and she was being represented by her natural guardian namely Madan Mahto -respondent No. 6, who is elder brother of the deceased, who has already appeared as defendant No. 9 (respondent No. 6 herein).;