JUDGMENT

Niamatullah, J. - This appeal arises out of a suit brought by the present appellants and one Debi Prasad, who was plaintiff 1 in the array of parties, for demolition of certain buildings made by the defendant-respondents. The suit was decreed by the Court of first instance, but has been dismissed by the lower appellate Court on appeal by the defendants.

2. It appears that Debi Prasad died on 16th June 1927. The appeal was filed in the lower appellate Court on 20th June 1927, i.e., four days after the death of Debi Prasad. He was, however, shown as the first respondent. On 15th July 1927 an application was made by the defendants (appellants be ore the lower appellate Court) asking for permission to implead the legal representatives of Debi Prasad and for extension of time u/s 5, Lim. Act, on the ground that they were not aware of the fact of Debi Prasad's death when the appeal was filed. The lower appellate Court granted this application, being satisfied that the mistake in impleading Debi Prasad as a respondent was bona fide and that the circumstances justified the application of Section 5, Lim. Act. On the merits the appeal was allowed and the plaintiffs' suit was dismissed