1 The order impugned before this Court is the order dated 17.01.2007 vide which the application filed by the appellant under Order 22 Rule 3 of the Code of Civil Procedure (hereinafter referred to as the „Code?) seeking impleadment of the legal representatives of the deceased appellant had been declined.

2. Record show that an eviction petition had been filed by the landlord against his tenant which had been decreed in favour of the landlord. An appeal had been filed against the said judgment which was pending disposal before the Appellate Tribunal. During the pendency of the appeal, the aforenoted application dated 09.10.2006 had been filed; this was to bring on record the legal representatives of the deceased L. Queth Khong who had expired on 14.05.2000. There was a delay in preferring this application and as such along with this application a second application under Section 5 of the Limitation Act had also been filed. The averments in the application under Order 22 Rule 3 of the Code have been perused. The primary contention is that the appeal was being defended by the brother of the appellant Lee Man Khong and as attorney he was not aware that after the death of his b