( 1 ) THE petitioners have filed this Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment and order dated 17th June, 1999, passed by the learned Joint District Judge, Surat below Applications Exh. 14, 22 and 23 in Civil Misc. Application No. 69 of 1994.

( 2 ) IT appears from the record that deceased Rameshbhai Morarbhai Patel preferred appeal before the District Court at Surat against the order of learned Civil Judge (S. D.) in Regular Civil Suit No. 427/84, which was decided on 7. 5. 1994. In the said appeal, there was a delay and therefore he preferred Civil Misc. Appln. No. 69/94 under Section 5 of the Limitation Act, 1963, (for short `the Act) for condonation of delay caused in filing the said appeal. During the pendency of the said application i. e. Civil Misc. Appln. No. 69/94, deceased Rameshbhai Morarbhai died on 29. 12. 96. Thereafter the present petitioners submitted application Exh. 14 on 23. 11. 98 for joining them as legal heirs in the said application. Thereafter an application Exh. 22 was submitted by them for setting aside the abetment in the appeal on 18. 3. 99 and application Exh. 23 was also su