JUDGMENT

N.N. Mithal, J. - This is an appeal by the Defendants against an order passed by the lower appellate Court allowing the substitution application filed by the Plaintiff-Respondents to bring on record the legal representatives of deceased Ram Adhar.

2. According to the facts disclosed in the case, suit No. 83 of 1970 was filed by the Plaintiffs-Respondents for injunction. That suit was, however, dismissed on 28.3.1974 against which appeal No. 90 of 1974 was filed. One of the Defendants-Respondents in the Court below was Munshi who died during the pendency of the appeal. His three sons were brought on record including one Ram Adhar. It is said that this Ram Adhar also died on 1.3.1977 as per the version of the Appellant before me. The Plaintiffs-Respondents, however, contend that he had died on 16.4.1977 but they remained absolutely in the dark about his death. For the first time, in early September, 1978, the fact of his death was disclosed by the Appellant's Counsel and, therefore, an application was immediately moved on 13.9.1978 along with an application for setting aside abatement and for condonation of delay in moving that application. By the impugned order, the said appl