( 1 ) THIS is a defendants appeal directed against an order of remand.

( 2 ) THE plaintiffs filed a suit for redemption of a house on the basis of a mortgage deed dated 2-4-1896, on payment of Rs. 200/- or such amount as the court may find due and for possession. The house had been originally mortgaged by one Ram Lala to Smt. Nasiba for a term of five years without any agreement as to payment of interest. The plaintiffs alleged to be legal representatives of the mortgagor while the defendants claimed to be legal representatives of the original mortgagor. It so happened that during the pendency of the suit Abdul Sattar, defendant no. 7 one of the alleged mortgagees died. An application for substituting his heirs was made by the plaintiffs but it was rejected along with the application under Sec. 5, Limitation Act for condoning the delay. In the opinion of the trial court the delay had not been sufficiently explained and hence the application under Section 5 and also the application for substitution were rejected. Still, however, the suit was decreed with the observation that the suit could proceed even in the absence of the legal representatives of the deceased defe