This civil second appeal is directed against the judgment of the learned District Judge, Anantnag, dated June 5. 1970, upholding the order dated April 15, 1964, of the Munsiff Kulgam dismissing the suit of the plaintiff-appellant on the ground that it had abated in toto because of his failure to bring on record the legal representatives of the first defendant viz- Amma Nanwai within the time prescribed by Article 177 of the Limitation Act.

2. It appears that a suit for possession by partition of land comprised in Khasra No. 1475 situate in Kulgam was brought by the appellant in the Court of Munsiff, Kulgam, against respondents 3 to 7 and Amma, the father and husband respectively of respondents 1 and 2 herein. During the pendency of the suit Amma defendant died and an application for bringing his legal representatives on record was made by the appellant on March 22, 1966. It, however, transpired that the application was made more than a year after the death of Amma. Accordingly the learned trial court dismissed the application. It further held that Amma being a necessary party to the suit and steps for substituting his legal representatives not having been taken in time,