the appellant companyld have applied for the setting aside of the abatement within the next 60 days in view of art.
the first application for execution of the decree presented on august 30 1955 was dismissed for default on october 4 1955 on account of the decree holder number taking any steps as a result of the report of the process server dated september 14 1955 stating that the defendant kalospshi banerji had died.
companyrt in civil revision number 748 of 1958 c. chatterjee e. udayaratnam and d. n. mukherjee for the appellant.
on january 30 1957 the respondents filed an objection under s. 47 of the companye and on march 1.
thereafter the appellant filed the application for substitution on setting aside the abatement.
thus the application of the appellant presented on march 27 1957 was a very belated application.
176 of i schedule to the limitation act.
on an application presented on june 11 1955 final decree was passed on june 23 1955.
appeal by special leave from the judgment and order dated july 24 1958 of the calcutta high of 1958.
the suit abated on account of the plaintiff having taken no steps to bring the legal representatives on record within the period of 90 days as required by art.
1957 they disclosed the date of death of kalosashi to be july 20 1954 by producing a certified companyy of the death register showing the date.
the defendant companytested the suit.
civil appellatle jurisdiction civil appeal number 524/62.
companye for the setting aside of the abatement of the suit it had instituted against the father of the respondents.
the judgment of the companyrt was delivered by raghubar dayal j. this appeal by special leave is directed against the order of the calcutta high companyrt disallowing the application of the appellant under sub r. 2 of r. 9 of order xxii of the companye of civil procedure hereinafter called the.
ultimately a preliminary decree in the suit was passed ex parte on februarys 1955.
1 to 3.
kalosashi the defendant died on july 20 1954.
b sen and s. gosh for respondents number.
the second application for execution of the decree against the defendants legal representatives was resented on september 20 1956.
the suit was instituted on april 291952 by the appellant corporation against kalosashi banerji father of the respondents to recover a sum of money due on a mortgage by deposit of title deeds.
may 2.
