Code of Civil Procedure, 1908–Order 22, Rule 3–Limitation Act, 1963–Sec. 5–Rejection of application–Prayer of the petitioner that he is an illiterate person and due to death of his mother (original plaintiff), he was in shock and could not contact his counsel for filing the application within limitation–Considering the fact that right to sue survive in the legal heirs of deceased-plaintiff no. 2, in the interest of justice, application deserves to be allowed.
