The application for substitution was companytested by the respondents who companytended that the appellant No.1 d and 1 e had died as early as on 10.12.1982 and 02.10.1993.
In the said suit Ramnandan Singh was arrayed as defendant No.1, his father Ramautar Singh as defendant No.2 and the three sons of Ramnandan Singh as the remaining defendants.
Consequently, the first appeal was also dismissed as being incompetent in the absence of the legal representatives of the aforesaid appellants.
It is further submitted that though the appellants were remiss in number producing relevant material disputing the dates of death given by the respondents, they were able to obtain the death certificate issued by the Gram Sevak later.
According to the appellants on 26.04.1996, 27.05.1996 and 21.12.1996 respectively appellant Nos.1 d , 1 a and 1 e died.
The judgment and order of the learned Judge has been affirmed in appeal by a division bench in LPA No.829 of 1998.
The companynter affidavit filed on behalf of the respondents stating these facts does number appear to have been challenged by the appellants by filing a rejoinder.
It was also submitted that the estate of Ramnandan Singh was adequately represented inasmuch as his three sons were already on record as the appellants.
On the basis of the death certificates granted by the Gram Sevak they filed a review application before the High Court which was unfortunately dismissed.
Ramnandan Singh was himself appellant No.1, and upon his death the female members of the family were brought on record.
In the suit itself the female members were number necessary parties though it became necessary for them to be brought on record upon the death of Ramnandan Singh, father of the appellants.
The suit was ultimately decreed on 22.12.1975.
An application was filed to bring on record the legal representatives of the aforesaid deceased appellants.
On 20.12.1978 appellant No.1, Ramnandan Singh died.
The appellants herein preferred an appeal to the High Court against the decree passed by the Trial Court which was registered as First Appeal No.165 of 1976.
Counsel for the appellants submitted that the High Court ought to have companydoned the delay in filing the application for substitution of the legal representatives of deceased appellants 1 d and 1 e having regard to the interest of justice.
Out of sheer greed, Naga Singh son of Ramautar Singh belonging to the other branch filed a partition suit for partition of the properties left by his grandfather Bhukhalal Singh.
During the pendency of the suit Ramautar Singh, father of the plaintiff died and his legal representatives were brought on record.
It may be numbericed that appellant Nos.1 d and 1 e were the daughters of Ramnandan Singh while appellant No.1 a was the wife of Ramnandan Singh, who were brought on record as legal representatives of Ramnandan Singh along with the sons of Ramnandan Singh who were already on record as appellants in the appeal.
The appellants and the respondents herein are the descendants of one Shri Bhukhalal Singh, who had two sons namely, Ramnandan Singh and Ramautar Singh.
The branch of Ramnandan Singh had acquired some more properties after partition and prospered.
829 of 1998 dated 23.11.2000, whereby a division bench of the High Court affirmed the order of a learned Single Judge in First Appeal No.165 of 1976 dated 05.02.1998, dismissing the application for substitution of legal representatives of appellants 1 d and 1 e .
His legal representatives who were brought on record included his three sons who were already on record as party appellants, his wife Tetari Keur, and his four daughters who were substituted as appellant Nos.1 a to 1 e .
However by an order dated 12.09.1997 the substitution as regards appellant No.1 a was allowed, but the application to bring on record the legal representatives of appellant Nos.1 d and 1 e was deferred for companysideration along with the appeal.
In this appeal the appellants have impugned the order of the High Court of Judicature at Patna in LPA No.
Appeal civil 49602002 Bisheshwar Prasad Singh, J. Special leave granted.
Heard learned companynsel for the parties.
