My respondents who are the children of my deceased defendant in my SUCCESSION case never filed any application under order 22 Rule 4 to prove themselves as the legal heirs of my deceased defendant. Now after I closed my evidence, they filed a joint statement in which they say that I have made a DAVA that they should also be given half the share in succession case. I have filed my Objections to this and furthermore I have only asked for a relief of my half share in my Prayer. I also suggested during my stating of objections that they should file a separate suit or claim. To which they are shouting in the court as to why should they file a claim. I told the judge that they are not the co-owners. I made them a party to my succession case as they are the descendants of my deceased defendant. Will I be granted my half share in my prayer, as I have proved my evidence by calling all the banks in my SUCCESSION case. The respondents never brought anything in their evidence. Do the respondents now have to file a suit for declaration to prove themselves as the legal heirs of my deceased defendant? Because the application under order 22 Rule 4 is now time barred, that is the period of 90 days is over.

In the scenario you have described, it appears that the respondents, who are the children of your deceased defendant in the succession case, have not taken the necessary steps to formally prove themselves as legal heirs by filing an application under Order 22 Rule 4 of the Code of Civil Procedure, 1908 within the stipulated time period.

Since the respondents have failed to establish their legal heirship in the succession case by not filing the required application within the prescribed time limit, and you have only prayed for your half share in the succession case, it is likely that the court may grant your prayer for your half share in the absence of any evidence or claim by the respondents.

If the respondents are asserting a claim for a share in the succession, it would be prudent for them to file a separate suit or claim for declaration to establish their rights as legal heirs of the deceased defendant. Without proof of their legal heirship, they may not be entitled to a share in the succession.

Given that you have presented evidence by calling all the banks in the succession case and the respondents have failed to bring any evidence of their own, the court may consider the lack of evidence on their part when deciding on the distribution of the succession.

As for the time-barred application under Order 22 Rule 4, if the respondents have missed the deadline for filing such an application, they may face challenges in proving their legal heirship in the succession case. However, it's ultimately up to the court to decide on the implications of the missed deadline on the respondents' claim.

It is recommended to consult with a local lawyer who is well-versed in Indian succession laws and civil procedure to strategize the best course of action in this situation and ensure that your interests are protected in the succession case.