Code of Civil Procedure, 1908–Order 22, Rules 3 & 9 r/w. Sec. 151–Rejection of application–Appreciation of–Death of original plaintiff during the pendency of appeal–Inordinate delay of four years in filing the application under Order 22, Rules 3 & 9–Suit itself was filed by the son of plaintiff as the power of attorney holder–It cannot be said that he was unaware about the suit proceedings–He was expected to make endeavour for bringing the legal heirs of plaintiff on record–Case of total apathy on part of appellants in laying the appropriate application–Held, first appellate Court has not committed any error in rejecting the application.
