R.H.Zaidi, J. - (1.) Heard learned counsel for the parties.
(2.) During the pendency of the present petition, respondent No. 5 has died on 9.10.1997 leaving behind his heirs and legal representatives. The application for substitution of his heirs was filed in this Court on 22.9.1997 alongwith an application under section 5 of the Limitation Act. The delay in filing the substitution application has been explained in the manner that the Pairokar who came to Allahabad on 7.9.1999, was totally illiterate. He was asked by the counsel about the exact date of death of respondent No. 5 but he could not tell and went back to his village to bring the exact date of death. Thereafter, he came back to Allahabad on 21.09.1999 and the application was filed on the next date, i.e. 22.09.1999.
(3.) Learned counsel for the applicants submitted that the applicants were not going to gain anything by filing a belated application. It has also been urged that the applicants are totally illiterate and had no knowledge that the application for substitution was to be filed within 90 days from the date of death of said respondent.;