IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1897 of 2006 KRISHNA CHANDRA GOSWAMI @ KALI Versus UMA SHANKAR PANDEY & ORS ----------- 4. 13.5.2009 Heard. The order impugned herein is refusing to allow the substitution petition filed by the petitioner who was the plaintiff after about one year and two months of the death of Sukhdeo Pandey, the solitary defendant in Title Suit No.118 of 1994. The petitioner being the plaintiff was also the co-villager of the deceased-defendant and if one could consider the statements made in Annexur-1 which was the petition seeking substitution of the deceased- defendant by his legal heirs, one could find that the petitioner was taking false plea so as to justifying his inaction in bringing on the heirs of the deceased-defendant. He has stated in paragraph 2 of the petition that when he came in court on the day, that particular petition was filed on 7th August,2001 he learnt about the death of Sukhdeo Pandey and thereafter he started searching whereabouts of his daughter Sunaina Devi and then filed the petition. As indicated by paragraph 2 of the petition the - 2 - petitioner claimed knowledge of the death of Sukhdeo Pandey on 7.8.2001 but his statement in paragraph 3 indicates that he had previous knowledge about the death of Sukhdeo Pandey but still he did not take any step and came up with the petition after more than a year. It appears an intentional latch which could not be condoned setting aside the impugned order. This petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )