Being aggrieved by the judgment and order passed by Sri J. C. Misra, learned District Judge, Mathura on 6-5-1994 in Misc. Case No. 234 of 1993 under Section 92 of the C. RC. This appeal was preferred alongwith the application for condonation of delay under Section 5 of the Limitation Act. The said delay con donation application was allowed on 1-5-96 by Hon. R. B. Mehrotra, J. Thereafter, it was listed for admission and hearing and also hearing regarding stay.

2. Heard the learned Counsel for the applicant, who appeared in person and argued at length and also the learned coun sel for the opposite parties relating to ad mission and also stay-matter. It was sub mitted by both the parties that at the stage of the admission-hearing, this appeal may be finally disposed of, on merits and they are ready to advance arguments to that effect and actually they had advanced the arguments to that effect.

3. Misc. Case No. 234 of 1993 arise out of an application for leave to institute the suit under Section 92, C. P. C. , which has been instituted by Lord Shree Krishna through plaintiff Nos. 2 and 3, namely, Pt. Manohar Lal Sharma, Advocate and Sri Ram Deo Verma against Sri Vamdeo J