U.C. Maheshwari, J.:-

Heard on I.A. No. 8911/13, appellants' application under Section 5 of the Limitation Act for condoning the delay in filing the I.A. No. 8910/13, an application under Order 22, Rule 9 of CPC for setting aside the abatement of this appeal caused on non-taking the appropriate steps to substitute the legal representatives of deceased, appellant No. 1, Mahadeo on record as he died on the aforesaid date 31-8-1997 and the step to substitute his legal representatives has been taken on 2-8-2013. The averments of the I.A. have been seriously disputed on behalf of the respondent No. 1 by filing its reply as Document No. 5911/14. Some papers are also annexed with such reply. Shri K.S. Jha submits that he is also representing the proposed legal representatives of deceased appellant No. 1 mentioned in I.A. No. 8909/13, an application under Order 22, Rule 4 of CPC (in oral argument submits that in fact this I.A. is under Order 22, Rule 3 of CPC but due to oversight the same has been stated to be Rule 4 of CPC).

2. The Counsel for the appellants as well as for the proposed legal representatives of appellant No. 1 submits that subsequent to death of appellant No. 1, th