Pratibha Rani, J.

1. RFA(OS) No. 80/2007 has been filed by the appellants Ashok Kumar Sharma and Anil Kumar Sharma, both sons of Late Sh. Nand Lal Sharma impleading Ram Parshad Rohatgi (plaintiff in CS(OS) No. 2646/1998) as respondent No. 1 and other legal heirs of Late Sh. Nand Lal Sharma as respondents No. 2 to 6. Anil Kumar Sharma was a bachelor and died during pendency of the appeal. Since all the legal heirs of Late Sh. Nand Lal Sharma are already on record and infact in the appeal, the relief, if any, has been claimed only against respondent No. 1 Ram Parshad Rohatgi (as CS(OS) No. 2646/1998 filed by him was decreed), appeal was heard as no further substitution was required.

2. The appellant has placed on record written submissions.

3. Submission made by learned counsel for respondent No. 1 is that the appeal is barred by limitation and there is no application seeking condonation of delay, hence on this score alone the appeal is liable to be dismissed.

4. The appellant Ashok Kumar Sharma is litigating in person. Efforts of the Court to provide him legal assistance proved futile. Proceedings reveal that on 04.12.2007 Sh. Rakesh Tikku, Advocate (now Senior Advocate) graci