( 1 ) ORDER dated 6-1-1993 passed by the Additional Judge, Small Cause court, Rajkot in Regular Civil Suit No. 70 of 1988 below application at Ex. 57 is under challenge in this revision application.

( 2 ) PRESENT applicant/plaintiff filed an application under Sec. 5 of the Limitation act for condoning the delay in filing an application for bringing heirs of deceaseddefendant tekchand Nithaldas. Deceased died on 4-8-1990 and plaintiff came to know of the same vide purshis filed by the defendants Advocate on 6-9-1990. Plaintiff thereafter filed an application for bringing the heirs on record on 11-12- 1990. As there appeared to be delay of about six days, an application for condonation of delay came to be filed. The learned Judge, after hearing the parties, dismissed the said application on the ground that the plaintiffs application is not in accordance with law and is not maintainable inasmuch as the plaintiff ought to have filed an application for setting aside the abatement and bringing the heirs on record and if there was any delay in the same, for condonation of delay. Mr. Lakhani, learned Advocate for the applicant, contended before the Court that filing of an app