1. Vide order dated 17th September, 1998, the trial court dismissed theapplication under Order 22 Rule 3 CPC for impleadment of legal heirs of the plaintiff and other applications under Section 5 of the Limitation Act read withOrder 22 Rule 4(5) and Section 151 CPC for condonation of delay in filing theabove-said application and under OrderIRule 10 CPC moved by applicant NadirShah. Adumbrated in brief, the factsof the case are these. Secunder Shah expired on 7th February, 1994, leaving behind him, his wife,Gulshan Ara Begum, three daughters, Shamshad Sultana, Munwar Sultana and Tajbar Sultana and oneson, Nadir Shah. According to the plaintiffs/applicants, the right to suesurvived in their favour and therefore, they moved the above-said applicationson April, 1996. There was a delay of 739 days in filing the application underOrder 22 Rule 3.

2. The appellants have explained the delay as follows. Secunder Shahpurchased the suit property for the benefit of his family including himself. The respondent/defendant illegally occupied the above-mentioned property. In order to recover the possession of the property from the said trespassers, a suit for recovery of possession w