Prakash Shrivastava, J.

Heard finally with consent. This writ petition under Article 227 of the Constitution of India is at the instance of defendants in the suit challenging the order of trial Court dated 17-4-2015 allowing the plaintiffs application under Order 22, Rules 4 and 9 of Civil Procedure Code as also the application under section 5 of Limitation Act and bringing the legal representatives of deceased defendant on record.

2. Having heard the learned counsel for parties and on perusal of the record, it is noticed that the original defendant had died on 2-4-2014 and respondent had filed application under Order 22, Rules 3 and 4 of Civil Procedure Code on 21-4-2014 (Annex. P-4) but in the said application no date of death and details of LRs were disclosed. The respondent, thereafter had filed the application dated 25-8-2014 under Order 22, Rules 2 , 3 , 4 and 9 of Civil Procedure Code disclosing the date of death as also the details of legal representatives of deceased defendant. The said application was filed with a delay of 36 days, therefore, an application for condonation of delay was also filed under section 5 of Limitation Act. The applications were duly supported