RAMESHWAR PRASAD Vs. SHAMBEHARI LAL JAGANNATH

JUDGEMENT

(1.) The fact leading to this appeal by special leave are these. Nine persons, including Kedar Nath, instituted a suits for ejectment and recovery of rent against two defendants on the allegation that defendant No. 1 was the tenant-in-chief who had sublet the premises to defendant No. 2. The suit for ejectment was decreed against both the defendants and for arrears of rent against defendant No. 1. On appeal by defendant No. 2 the District Judge set aside the decree for ejectment against defendant No. 2 and confirmed the rest of the decree against defendant No. 1. It is against this decree that the nine original plaintiffs filed the second appeal in the High Court on February 29, 1952.

(2.) Kedar Nath, appellant, No. 3 died on September 8, 1955. In view of Rules 3 and 11 of O. XXII of the Code of Civil Procedure hereinafter called the Code, the appeal abated so far as Kedar Nath was concerned as no application for bringing his legal representatives on the record was made within the prescribed time.

(3.) On October 1, 1956 two applications were filed in the High Court. one was an application under S. 5 of the Limitation Act for the condonation of the delay in filing the application of substitution of the heirs in place of Kedar Nath. The other was the application for substitution in which it was prayed that Bithal Das and Banarsi Das, the sons of Kedar Nath, deceased, be substituted in place of the deceased appellant as they were his heirs representatives. These two applications were dismissed on May 1,1957, with the result that the appeal stood abated as against Kedar Nath.