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Judgment
Heard learned counsel for the petitioner.
This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 19.12.2018 passed by the learned Additional District Judge, Dalsinghsarai (Samastipur) in Title Appeal No. 32 of 2011 by which he has allowed the petition dated 27.07.2017 ordered for substitution of heirs of defendant-respondent no. 2 and for deleting the name of defendant-respondent no. 2 Mahawarni Singh.
Learned counsel appearing for the petitioner submitted that the order impugned has been passed without application of judicial mind. The court below ought to have held that the appeal had got itself abated in the year 2014 due to non-substitution of defendant-respondent no. 1 Ram Chandra Singh, who died on 13.12.2013.
The application before the court was for substitution of defendant-respondent no. 2 Mahawarni Singh, who had admittedly died on 31.05.2017. The same was filed within time.
In that view of the matter, the court below committed no error in allowing the application dated 27.07.2017 whereby the legal heirs of defendant-respondent no. 2 Mahawarni Singh were substituted and the name of deceased defendant-respondent no. 2 was ordered to be deleted.
Accordingly, the application is dismissed.