Rajesh Kumar, J. - (1.) I.A. No. 3903 of 2018, The present interlocutory application has been filed by the appellants, for substitution of appellant No. 1, namely, Govind Manjhi, (in Civil Appeal No. 04/2008) who died on 25.06.2016 after passing of the judgment in Civil Appeal No. 04/2008 on 13.06.2016. Decree has been signed on 22.06.2016.
(2.) The prayer has been made for condonation of delay and for setting aside the abatement and further permission for substitution.
(3.) In this contest, it is relevant to quote Order 22, Rule 3 and 4 of the C.P.C., which is as under:- 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.- (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff. ;