ORDER :- This is an application under O. 22, R. 4, C.P.C., and it is supported by a petition under S. 5 of the Limitation Act and an affidavit. The application arises under the following circumstances. On 30-12-1952, the learned District Judge of Mandi and Chamba dismissed a suit brought by Mela Ram and others against Kanhya Lal and others. Kanhya Lal, defendant aforesaid, died on 26-1-1953, leaving two sons, Amar Nath and Jagan Nath. On 2-4-1953, an appeal was presented by Mela Ram and others against the judgment and decree of the District Judge. Since, Kanhya Lal was dead, his sons, Amar Nath and Jagan Nath, were impleaded as respondents 1 and 2 in the memorandum of appeal. At the foot of the memorandum of appeal, a note was made that since Kanhya Lal, defendant, had died on 26-1-1953, his sons (who were his legal representatives) were impleaded as respondents 1 and 2.

An office objection was raised to the impleading of Amar Nath and Jagan Nath without an application. In answer to the office objection, the appellants represented that since Kanhya Lal had died after the decision of the suit, no application was necessary. To be on the safer side, however, an application, purporting

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