( 1 ) THIS is a Letters Patent appeal from a decision of Shiv Dayal, J. in an appeal arising out of reference proceedings under Section 18 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), initiated at the instance of one Abdul hakim whose land had been acquired along with certain lands belonging to other persons. After the making of the reference by the Collector of Bilaspur and during its pendency Abdul Hakim died on 26th July 1960. On 22nd February 1961 his sons, Abdul Karim and Abdul Majid, applied for being brought on record. This application was dismissed by the Additional District Judge, Bilaspur, holding that it was barred by time and the application not having been filed within 90 days of the date of death of Abdul Hakim as required by Article 176 of the Limitation Act, the proceedings abated. Abdul Karim and Abdul Majid then filed. another application on 12th March 1962 for setting aside the abatement oi the proceedings together with an application under Section 5 of the Limitation Act for condonation of the delay in the filing of the application for setting aside the abatement. This application was also dismissed by the learned Additio