before First Civil Judge, Senior Division, Bastar Jagdalpur and during pendency of the said civil suit, husband of petitioner No.1 & father of petitioners 2 & 3, namely Dhananjay Mandan died on 30.11.2022, therefore, the petitioners, i.e. legal representatives of Dhananjay Mandan, filed application under Order 1 Rule 10 read with Section 151 CPC along with application under Section 5 of the Limitation Act, to implead them as plaintiffs in place of late Dhananjay Mandan, but the same has been rejected by the trial Court on the ground of delay and also on the ground that earlier application under the same provision filed by other plaintiffs has been rejected vide Order dated 13.02.2024. It is further submitted that since interest of the petitioners involved in the civil suit and being wife/son/daughter, they are legal representatives of late Dhananjay Mandan, hence, they are necessary party, therefore, their application ought not have been rejected by the learned trial Court only on the ground of delay. But the learned trial Court without considering the aforesaid facts and interest of the petitioners, has rejected the application filed by them which is perverse and illegal, hence, it is prayed that this petition may be allowed, impugned order dated 30.8.2024 may be set aside and the petitioners may be directed to be impleaded as legal representatives of plaintiff No.18 late Dhananjay Mandan in the aforesaid civil suit No.68-A/2015.
