( 1 ) THE petitioner is the Food Corporation of India. They laid a suit for recovery of certain amounts against the sole defendant, a firm represented by the Proprietor. While the suit is pending, on 23-6-1976, the counsel for the defendant filed a memorandum in the lower Court intimating that the Proprietor of the defendant-firm died on 24-3-1976. Then the counsel intimated this fact to the petitioner, the petitioner made enquiries and by a report dt. 15-9-1976 it was intimated that the proposed respondents are the legal representatives of the Proprietor of the defendant-firm. On 16-9-1976 an application i. e. , I. A. 959/76 has been filed to bring the legal representatives on the premise that the petition was filed within 90 days from the date of the knowledge. In the counter-affidavit it is contended that the suit got abated in view of the fact that the legal representatives of the Proprietor were not brought on record within a period of 90 days as contemplated under Art. 120 of the Schedule of the Limitation Act, 1963. Then an application being I. A. 339/77 was filed seeking to condone the delay to set aside the abatement. I. A. No. 340/77 was filed to set asid