P.A. Mohammed, J.

The above land acquisition appeal under S.54 of the Land Acquisition Act, 1894 has been filed by the State on 20.8.1992 against the judgment and decree in L. A.R.No. 61 of 1987 of the Sub Court, Thiruvananthapuram dated 12.11.1991 impleading the claimant Madhava Kurup Ramachandran Pillai as His sole respondent. Later the appellant petitioner came to know that the claimant died on 20.11.1991. Therefore, it filed C.M.P.No.1403 of 1993 under 0.1 R.10(2) of the Code of Civil Procedure praying to add respondents 2 to 6 who are the legal heirs of the deceased respondent as additional respondents 2 to 6 in the appeal.

2. The case of the petitioner as revealed from the affidavit dated 19.5.1993 tiled by an Upper Division Clerk in support of the above petition is that the petitioner came to know of the death of the respondent only when notice issued to him by this court was returned stating that he was no more. The said petition was not accompanied by a petition for condonation of delay. However, this court ordered notice in that petition on 7.10.1993. Counsel for additional respondents 2 to 6 appeared and filed counter-affidavit and opposed it on the ground that