The case record is posted today for consideration of substitution petition filed on behalf of the complainant. The Advocate for O.P is present and files hazira.   

                                         As it appears from the case record, the substitution petition has been filed on 07.01.2023 to the effect that the complainant died since 13.04.2019 and the legal heirs of the complainant namely Smt. Sumita Das and S.J. Sulagna have filed this petition for substitution in place of the deceased complainant with a view to prosecute the complaint supported with an affidavit. Another petition is also filed U/s. 5 of Limitation Act to condone the delay.

                                         The legal heirs of the deceased complainant has stated that the complainant died on 13.04.2019, whereas the substitution petition is filed on 07.01.2023, after three years eight months and 24 days. It is stated that they are very simple, innocent, rustic and due to ignorance of law, they could not take step within time and further filing of this petition in delay is neither intentional nor deliberate.

                                         In this connection, Order 22 of the CPC clearly speaks that a substitution petition is to be filed by the legal representatives of a deceased party within 90 days and such period is to be computed from the date of death of the said party. That apart, Order 22, Rule 9 of the CPC deals with the effect of abatement. On a plain reading of the provision, it becomes apparent that where a case abates under Order 22, no fresh suit can be brought on the same cause of action. Further, the legal representatives of the deceased complainant have not assigned sufficient reasons for delay in filing the substitution petition and the grounds as taken in the petition is not considerable. In such circumstances, Article 120 of the Limitation Act envisages that within a time period of 90 days from the death of the said plaintiff or defendant, it is contended that if the application for the substitution of legal representatives is not filed within 90 days, the suit stands abated.    

                                         In the light of the discussions made above in the foregoing paragraphs, the petition for substitution is rejected being devoid of any merit and consequently the complaint stands abated.