JOSHI, J.—This appeal has come up before us for orders on the the three applications under O. 22 R. 4, O. 22, R. 9 C.P.C. and sec. 5 of the Indian Limitation Act respectively in connection with determination of the question as to whether the appeal has abated or not.

2. The facts relevant for the determination of the points raised before us are as follows: Respondent Sohanraj died on 1st January, 1972. His legal representatives were not brought on the record in time. An application was made on behalf of the appellant for impleading legal representatives of the deceased respondent Sohanraj on 24th October, 1972. This application was obviously not within the prescribed time of limitation. The delay in filing application was sought to be explained on the ground that the appellant learnt about the death of the deceased Sohanraj for the first time when he received a letter dated 3rd October, 1972 from his advocate Shri L.R. Mehta from Jodhpur wherein he informed that Sohanraj was reported to have died a year ago and enquired of the appellant the exact date of the death of the respondent Sohan Rai along with names of his legal representatives. It was averred in this application that the a

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