not prosecute her case properly and she has not shown sufficient cause for recall of the order dated 21.11.2010. During pendency of the Miscellaneous Case No. 33 of 2010, the petitioner filed an application for substitution of the heirs/legal representatives of deceased defendant no. 1 Gauri Shankar Ram with a petition for condonation of delay. The learned Sub Judge IV, Ara rejected the substitution petition filed by the petitioner vide order dated 22.10.2016. Learned counsel for the petitioner further submits that the learned trial court failed to consider the fact that the petitioner is a rustic lady and she was not aware about the processes before the Court. Further the petitioner got herself substituted in place of her mother and she was not having any knowledge about death of defendant no. 1 Gauri Shankar Ram. The petitioner has been residing in Village- Pakri, Ara, whereas the deceased defendant no. 1 Gauri Shankar Ram has been residing in Village-Katiya, P.S.- Bihiya, Ara. Learned counsel further submits that the learned trial court rejected the petition for substitution and condonation of delay only on the ground that petitioner was having full knowledge about death of defendant no. 1 still she failed to bring legal heirs on record within time. Learned counsel further submits that there is no deliberate laches or delay on part of the petitioner and she
