S.K. Awasthi, J.

This appeal is by the appellant/plaintiff against the judgment and decree dated 3.3.2005 passed by First Additional District Judge, Shivpuri in Civil Appeal No. 2A/2001, reversing the judgment and decree dated 25.11.2000 passed by First Civil Judge Class-2, Shivpuri in Civil Suit No. 98A/1999.

2. During the pendency of this appeal, the sole appellant/plaintiff Ratanlal died on 11.10.2008. Thereafter, after lapse of a period of more than six years, the legal representatives of deceased appellant filed an application under Order 22 Rules, 3 and 11 Civil Procedure Code for bringing the legal representatives of deceased appellant on record, together with an application under Order 22, Rule 9 Civil Procedure Code, read with Section 5 of Limitation Act Civil Procedure Code on 20.1.2015 to condone the delay in filing the application under Order 22, Rule 3 and 11 Civil Procedure Code and to set aside the abatement. In the applications the legal representatives/applicants contended that the appeal was filed in the year 2005 and then it was listed only in the year 2014. On 28.3.2014 appeal was admitted for final hearing and notices were directed to be issued to the r