GOPALAKRISHNA IYER Vs. MADHAVI

JUDGEMENT

(1.) The sole respondent in this case died on Sept. 15, 1957. C. M. P. No. 904 of 1961 is an application to implead his legal representatives; C. M. P. No. 903 of 1961 to set aside abatement of the appeal; C. M. P. No. 909 of 1961 to condone the delay in making the application to set aside the abatement; and C. M. P. No. 905 of 1961 to appoint a guardian for the minors among the legal representatives. These applications are dated Feb. 12, 1961 and were filed in court on Feb. 14, 1961. The affidavit in support of the first three petitions reads thus:

(2.) Relying on Secretary of State Vs. Vinjamuri Krishnamacharyulu (A.I.R. 1938 Mad 218), counsel for the appellant contended: "it is not incumbent upon an appellant to make periodical inquiries as to whether the respondent is alive", that as he got intimation from his counsel only on 10-2-1961 he had sufficient justification for not making the applications earlier and that therefore the petitions should be allowed. I do not feel persuaded by this contention.