Ranawat J,—This case has been referred to a larger Bench by a Division Bench of this Court. A revision application was filed in the court of the Ijlas-i-Khas of the former Dholpur State by the plaintiffs Babulal and Pannalal against the judgment of the then Dholpur High Court dated the 3rd September 1940. The case remained pending until the State of Dholpur merged into the Matsya Union and then to the State of Rajasthan. This case eventually came on the file of this Court in accordance with the provisions of the Rajasthan Appeals and Petitions (Discontinuance) Ordinance No. 40 of 1949 as amended by Ordinance No. 12 of 1950. During the pendency of this revision application the defendant Mannilal, opposite party, died on the 19th January 1951. An application for substitution of the names of his legal representatives was made by the petitioners on the 28th April 1952. A notice was issued to the opposite party to show cause why substitution of the names of the legal representatives a$ prayed for by the petitioners be not allowed, and an objection was taken that the application had been moved with considerable delay and should not now be allowed.

2. In a similar case delay was condoned u

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