4. Being aggrieved and dissatisfied with the judgment dated 15.01.2011 and decree dated 24.01.2011 passed by the SubJudge-V, Darbhanga, the said Raghunath Sahni had preferred Title Appeal No. 04 of 2011 in the court of District Judge, Darbhanga on 14.02.2011, but during the pendency of the appeal, he died on 13.10.2011. So, a petition was filed by the counsel on 18.10.2011 communicating the death of the sole appellant and the next date was fixed as 31.01.2012. On the said date, a substitution petition along with a delay condonation petition supported with affidavit was filed by the legal heirs, namely, Sushila Devi, Ranjan Sahni and Mamta Devi of the deceased. After that, opposite party prayed for time to file reply to the aforesaid petition and the next date was fixed as 13.03.2012. On 13.03.2012, the opposite party filed reply and since there were some defects in the substitution petition, a petition for not pressing the earlier substitution petition dated 31.01.2012 and another substitution petition with affidavit along with delay condonation petition was filed by the legal heirs of the deceased on 13.03.2012.
