MD. SURAJ MIAH Vs. SAFIA

JUDGEMENT

(1.) This is an application under Order 22 Rule 2 of the CPC, 1908 for substituting the legal heirs of the original -appellant, Md. Suraj Miah, in the connected second appeal being RSA 38 of 2022, who died during pendency of the appeal.

(2.) Mr. Chakraborty, learned senior counsel appearing for the appellants has submitted that when the death of the original appellant was reported, the instant application for substitution has been filed. Mr. Chakraborty, learned senior counsel has urged this court for allowing the substitution petition and incorporate the names of the legal heirs of the original appellant as appellants in the instant appeal.

(3.) Mr. T. Halam, learned counsel appearing for the respondents submits that he has no objection, if this petition for incorporation/ substitution of the legal heirs of the original-appellant is allowed, but learned counsel has submitted that the application for substitution has been filed after expiry of statutory period of 90 days.