( 1 ) THIS is a plaintiffs appeal filed against an appellate order maintaining an order of the trial court by which the suit was declared to have abated on the ground that the sole original plaintiff mst. Goma died and the application for substitution of the names of her heirs and legal representatives was made after the expiry of the prescribed period and no sufficient cause had been shown for condonation of delay in making the substitution application. The history of this litigation is somewhat chequered. It appears that originally the abatement of the suit was set aside by the trial Court on 9-11-1951, and the suit was then decided on the merits and a decree was passed in due course on 30-4-1953. Against the decree of the trial court civil appeal No. 154 of 1953 was filed by the defendant. The decree was set aside in appeal and the case was remanded to the trial court for retrial after investigation of the question as to the exact date on which Mst. Goma had died. The plaintiffs case was that she had died on 30-4-1951 and as such the substitution application made on 28/30-7-1951 was within time. The defendants case on the other hand was that she had died on 24-