B VENUGOPALACHARYA Vs. B TATACHARI

JUDGEMENT

(1.) The question that arises for determination in this revision petition, is whether after a preliminary decree is made, a suit abates against one of the defendants who died thereafter, for not bringing on record his legal representatives within the time limited by law.

(2.) As there are conflicting decisions of different High Courts on the above question and there does not appear to be any ruling of this Court on this question the learned single Judge before whom this petition came up in the first instance, has referred it to a Divn. Bench under the proviso to sub-sec. (2) of S.8 of the Karnataka High Court Act 1961.

(3.) The facts which led up to this petition are briefly these One Tathachari brought a suit against Srinivasacharya and 2 others for rendering accounts in respect of certain Jahagir Inam villages. A preliminary decree was made in the suit declaring that the plaintiff is entitled to receive 1/4th share in the income from these villages After passing of the preliminary decree, the plaintiff initiated final decree proceedings during the pendency of which defendant 2 died on 6-9-1965. It was only on 26-7-66 that the plaintiff made an application for bringing on record the legal representatives of deceased defendant 3. That application was opposed by the other defendants and the legal representatives of deceased defendant 3 who contended that the suit had abated.