V. S. Deshpande, J.

( 1 ) A question of first impression regarding the construction of section 5 of the Limitation Act arises in this appeal on the following facts.

( 2 ) THE suit of the Respondent No. 1 landlord for arrears of rent against his tenant Banarsi Das was decreed by Sub Judge First Class, Delhi. During the pendency of the first appeal tiled by Banarsi Das, the said Banarsi Das died on 15th July, 1968. One of his legal representatives, namely, his son Shri Ram, made an application on 23rd November, 1968 for being brought on record as the legal representative of the deceased. This application was deliberately vague. It did not even mention the date of the death of Banarsi Das. As it was filed beyond the prescribed period of limitation, no action could be taken on it. On 7th December, 1968 another application was made by two other legal representatives, namely, Shri Dhani Ram and Smt. Shanti Devi, for being brought on record in place of the deceased Banarsi Das under Order XXII rule 3 read with rule 11 Civil Procedure Code. An application under section 5 of the Limitation Act was also made for extension of the prescribed period of limitation for setting aside the abatement

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