1. This civil second appeal is directed against the judgment and decree passed by the 1st Addl. District Judge, Jammu, on July 31, 1985, dismissing the appeal filed by the appellants against the judgment of the trial court.

2. One Abdul Gafoor Khan, husband of appellant: No.1 and appellants 2 & 3, instituted a suit for ejectment against Shah nawaz khan, respondent No.1. The suit was dismissed by the a trial court on 20. 9.1977. An appeal against the same was preferred before Learned District Judge, Jammu. During the pendency of the appeal, Abdul Gafoor Khan died on 1.2 1978. Respondent No;2, Hamida Begum, sister of Abdul Gafoor Khan deceased) filed an application on 7.4. 1978 i.e. within a period of 6 months seeking to be brought on record as a legal representative of the deceased Abdul Gafoor Khan. Subsequently, the appellants also made an application on 28.9.1978 seeking to be brought on record as his legal representatives.

The application filed by the appellant was, however, filed beyond the statutory period of 6 months fixed by Article 176 of the Limitation Act. The application was dismissed by the first Addl. District Judge, Jammu, holding the same to be barred by time having be

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