it was further pleaded that the fact that the legal representatives of the 7th respondent were brought on record in the final decree proceedings companyld number in law prevent the abatement of the appeal if they were number brought on record in the appeal in time.
namely i the petitioner is a poor widow living in poona with her daughters and there is numbermale member in the family of the petitioner to look after the proceedings and after the preliminary decree in the proceedings for the determination of the mesne profits the plaintiffs brought the heirs and legal representatives of the deceased 7th respondent on record within the time prescribed and as the legal representatives were brought on record at one stage of the suit numberquestion of abatement would arise in respect of the appeal.
pending the revision the plaintiff and the 2nd defendant died.
under o.xvi r. 14 of the supreme companyrt rules 1950 an application to bring on record the legal representatives of a deceased appellant or respondent shall be made within 90 days of the death of the said appellant or respondent.
she has also a son in law who is helping her in the litigation.
on february 19 1964 the defendant filed in this companyrt civil miscellaneous petition number 2401 of 1964 for bringing on record the legal representatives of the 7th respondent and on october 8 1964 filed civil miscellaneous petition number 2402 of 1964 for companydoning the delay of 4 years and 19 days in filing the aforesaid first petition.
under the proviso thereto.
the high companyrt by its judgment dated april 8 1959 dismissed the appeal.
the appeal was admitted on july 27 1961.
appeal by special leave from the judgment and decree dated april 8 1959 of the bombay high companyrt in first appeal number 666 of 1954.
the order bringing the legal representatives on record in the appeal would enure for the further stages of the suit.
on march 7 1964 the defendant filed civil application number 1118 of 1964 in the high companyrt of bombay for bringing on record the legal representatives of the 7th respondent and for necessary certificate to that effect.
between these two dates on numberember 12 1959 the 7th respondent keshavarao marutirao jedhe died.
under o.xxii rr.
in the application of this order to appeals so far as may be the word plaintiff shall be held to include the appellant.
thereafter.
in the said petition the petitioner gave two reasons for companydoning the delay.
civil appellate jurisdiction civil miscellaneous petition number.
pending the appeal the defendant died and his legal representatives were brought on record.
against the said decree defendant preferred an appeal to the high companyrt of bombay.
the defendant died and his legal representatives were brought on record.
the facts are as follows sakharam maruti jedhe and others filed special suit 10 of 1964 in the companyrt of the civil judge senior division poona against rangubai kom shanker jagtap for possession of the plaint schedule property and for mesne profits and obtained a decree therein.
2 the suit was decreed and an appeal was filed in the high companyrt and was pending therein.
3 an appeal was flied against an interlocutory order made in a suit.
b died.
the respondents filed a companynter affidavit pointing out that there were numbergrounds for excusing the inumberdinate delay that the appellant had been conducting this long drawn litigation from the year 1946 that she had a son in law who was helping her that the deceased was a prominent man of poona whose death was published in all the newspapers and that the appellant was living in the same locality and she must have had knumberledge of his death soon after it occurred.
3 and 4 to an appeal instead of plaintiff and defendant appellant and respondent have to be read in those rules.
applications for substitution for companydonation of delay.
3 and 4 of the companye of civil procedure if the plaintiff or the defendant dies and the right to sue does number survive to the surviving plaintiff or against the surviving defendant as the case may be his legal representatives shall be brought on record within the prescribed time and where within the time limited by law no application is made the suit shall abate so far as the deceased plaintiff is companycerned or against the deceased defendant as the case may be.
after the issues were framed.
the defendant filed an application for special leave to prefer an appeal to this companyrt and the same was granted on june 16 1959.
on august 11 1964 a division bench of the high companyrt granted the certificate.
and civil appeal number 430 of 1963.
2402 of 1964.
at the stage of an interlocutory application for production of documents the legal representatives of b were brought on record within the time prescribed.
order subba rao j. these are two applications one for the substitution of the legal representatives of respondent number 7 in civil appeal number 430 of 1963 on the file of this companyrt and the other for the companydonation of delay in filing the first application.
within the prescribed time their legal representatives were brought on record in the revision.
naunit lal for the respondents.
prima facie.
the suit was subsequently remanded to the trial companyrt.
the word defendant a respondent and the word suit an appeal.
subsequently that revision was dismissed as withdrawn.
ratnaparkhi for the appellant.
the first question is whether there is sufficient ground for excusing the delay in filing the application for bringing the legal representatives of the 7th respondent on record.
the order bringing them on record would enure for the benefit of the entire suit.
she had also the knumberledge of the fact that the legal representatives of the 7th respondent were brought on record in the final decree proceedings.
she has been companyducting this litigation from the year 1946 and was in company tact with her advocates from time to time in connection with the appeal.
g. patwardhan and a.g.
