1. MUHAMMAD YAQUB ALI. J: Muhammad Ali Khan the prede--cessor in interest of the respondents obtained a decree for posses--sion of certain agricultural land against the petitioner in exercise of his superior rights of pre-emption. On appeal the judgment and decree of the trial Court were affirmed by the District Judge aggrieved by which the petitioner filed a revision petition in the High Court which due to change in the law was subsequently converted into a second appeal.
2. Muhammad Ali the sole respon--dent in the appeal flied' during the pendency of the appeal and for nearly two years no steps were taken by the petitioner to bring: on record his legal representatives. The application made by the petitioner for impleading the legal representatives of the deceased was accordingly opposed by the respondents as being out of time and the respondent No. 5 also filed an affidavit to the effect that petition had timely knowledge of the death of his father. Vic petitioner maintained that he did not come to know of the demise of Muhammad Ali in time and that the time prescribed by law for impleading his legal representatives started to run from the date of his knowledge. The learned Judges ruled out both the pleas and found that it was not believable that the petitioner had not come to know of the demise of Muhammad Ali in time. The R. S. A. Was accordingly dismissed under Rule 3 (2) read with rule 11 of the Order XXII C.- P.
3. C., as having abated.
4. No exception can, therefore, by taken to the order of the High Court dismissing the R. S. A., as having abated on account of the failure to implead the legal representatives of Muhammad Ali the deceased respondentin time.
5. The petition is dismissed.