N.N. Sharma, J. - (1.) This application is dated 29.10.1985 and seeks the impleadment of Arun Kumar Gupta and his two brothers and their mother etc. enumerated in para No. 4 of the application as legal representatives of deceased respondent 1 Sri Lalli Prasad Gupta under Order 1, Rule 10, sub-rule (2) of the Civil Procedure Code
(2.) It appears that this second Appeal was directed against judgment and decree of Sri C.P. Misra Learned III Addl. District and Sessions Judge, Varanasi recorded in Civil Appeal No. 469 of 1980. Plaintiffs' suit for declaration that business of Krishna Lime Company, Senpura, Varanasi was joint family business of plaintiff and defendant 4 Preme Shanker Angihotri and defendant 1 to 3 viz., Lalli Prasad Gupta, Kundan Lal and Shitla Prasad Gupta, Kundan Lal and Shital Prasad had no concern with its land belonged to the firm Krishna Lime Companay, Senpura, Varanasi and ejectment of defendant 1 from the aforesaid house in suit was dismissed by both the courts below.
(3.) The impugned judgment was dated 30.3.1984 Report of Stamp Reporter on the memo of appeal was obtained on 3.5.1984 showing limitation in filling the appeal up to 26.7.1984.;