- (1.) I have heard the learned Counsel for the parties and seen the papers.
(2.) THE grounds set forth in the Misc. application are not convincing. THE applicant did not prosecute the case diligently and is not entitled to get any benefit of Section 5 of Indian Limitation Act. THE order passed was in favour of a dead person and it does not affect the appellants. Moreover, Gaon Sabha and State of U. P. were not impleaded as parties in the second appeal and the appeal itself was defective. In view of the above, Misc. application has no force and is dismissed. Application dismissed. .;