IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.418 of 1998 SHRI VIDYA SAGAR SON OF LATE SHRI RAMA SUNDAR LAL RESIDENT OF MOHALLA CHAUK BAZAR, TOWN BIHARSHARIF, DISTRICT – NALANDA. …… DEFENDANT-APPELLANT. Versus 1. SHRI LAKSHAMI CHAND @ LAKSHMI CHAND HITALAL SON OF LATE GOPI SAO, RESIDENT OF MOHALLA BHAINS TOWN BIHARSHARIF, DISTRICT – NALANDA. ….. PLAINTIFF- RESPONDENT. 2. SHRI NIRMAL KUMAR, MINOR SON OF VIDYA SAGAR, UNDER THE GUARDIANSHIP OF MD. KAISHAR IMAM G.A.L. OF MOHALLA CHAUK BAZAR TOWN BIHARSHARIF, DISTRICT – NALANDA. 3. SRI SAHDEO PRASAD, SON OF SRI AGNU OF MOHALLA MURARUPUR, TOWN BIHARSHARIF, DISTRICT – NALANDA. ….. DEFENDANTS-RESPONDENTS. ----------- 9. 20.3.2009 I.A. No. 1167 of 2006 has been filed on behalf of the appellant on 7.3.2006 for substituting the heirs of deceased respondent no. 1 Sri Lakshmi Chand @ Lakshmi Chand Hitalal, but neither any date or month or even year of the said death has been mentioned in the said interlocutory application, nor any one appears on behalf of the appellant to explain the said matter. In the said circumstances, this application appears to be absolutely frivolous and is accordingly, dismissed. I.A. No. 3699 of 2000 has been filed for condoning the delay in the filing of the second appeal against the judgment and decree of the learned court of appeal below dated 29.4.1998. The instant second appeal has been filed on 25.9.1998 and hence it is barred by a long period of limitation. Further more, from the interlocutory application it is quite apparent that no satisfactory or bona fide reason for such a long delay has been shown. Further more, no one appears on behalf of the appellant to press this application. - 2 - Accordingly, this interlocutory application is without any merit and is accordingly, dismissed. Since the appellant’s application for condoning the delay in the filing of the instant second appeal has been rejected, this second appeal has become time barred and is accordingly, dismissed. DKS/ (S.N. Hussain, J.)