GIRDHARI LAL - (1.) SRI Phagu & Ors. have filed this First Appeal From Order against the order of the Additional Commissioner, dated 1-7-99 in which Ad­ditional Commissioner has allowed the application dated 1 7-3-99 of the applicant Sri Ram Nath by which in place of the deceased Ram Sukh, Harish Chand, Lal Chand, Tcerathraj and Dhanesh have been allowed to be imp leaded as parties and the case had been fixed on 8-7-99 for final hearing.
(2.) I have heard the learned Counsels for both the parties in detail and perused the file of the Additional Commissioner. It has been argued by the applicant Counsel that the respondents hail filed an appeal in the name of a dead person in whose place substitution application had been allowed by the trial Court. It has been argued that no application for condo nation of delay under Section 5 of Indian Limitation Act was given and his applica­tion was wrongly allowed by the Addition­al Commissioner because the application filed by the respondent was time barred.
(3.) IT has been argued by the learned Counsel for the opposite- party that Sri Ram Sukh had died on 20-8-97 and the substitution application was given on 20-9-97 and order of substitution and also been passed by the trial Court but the trial Court had passed the order against a dead person hence due to mistake appeal was filed in the name of a dead person. It has also been argued by the learned Counsel for the opposite-party that Hon'ble Supreme Court as allowed the substitu­tion application after seven years and in this case only one day's delay was accrued.;