passed by learned Sub Judge-IV, Patna in Title Suit
No. 5387 of 2014 whereby and whereunder the petition filed by
Patna High Court C.Misc. No.1166 of 2023 dt.10-04-2025
the plaintiff/ respondent no. 1 under Order 22 Rule 4 of the
Code of Civil Procedure (in short “the Code”) for substitution of
defendant no. 4 and 5 by their heirs/legal representatives has
been allowed.
3. Learned counsel for the petitioners submits that the
petition was filed by the plaintiff under Order 22 Rule 4 of the
Code for substitution of deceased defendant no. 4 and 5 but no
application for setting aside the abatement has been filed and no
orders have been passed for setting aside such an abatement
which set in after passage of 90 days from the dates of death of
the deceased defendant no. 4 and 5. Learned counsel referred to
the Order 22 Rule 4 clause 3 of the Code which prescribes
where within the time limited by law no application is made
under said Sub Rule 1 of Rule 4 of Order 22 of the Code the suit
shall abate as against the deceased defendant. Thus, learned
counsel submits that the impugned order is illegal and could not
be sustained.