JUDGEMENT :- The State of Uttar Pradesh preferred a First appeal against an order made by the Civil Judge, Bijnor, in a reference under Section 18 of the Land Acquisition Act. During the pendency of the appeal Nauratan Singh the sole respondent died on 15th of December, 1960 and on 5th of March, 1965 an application was made by the State of Uttar Pradesh for bringing the legal representatives of the since deceased respondent on record. This application was accompanied by an application under Section 5 of the Limitation Act supported by an affidavit filed by one Sri J.S. Rajput. Land Acquisition Clerk in the Office of the Collector Bijnor. In the aforesaid affidavit it was stated in the main that the fact of death of the since deceased respondent was conveyed for the first time on 26th of February, 1965 when at the time of the hearing of the first appeal a statement was made by the learned counsel appearing for thy respondent that the respondent died on 15th of December, 1960. A counter affidavit was filed on behalf of Smt. Rani Prakashwati, the widow of the since deceased respondent that the appellant became aware of the fact of her husband's death soon after his death. It was state

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