JAMEELA BEEVI Vs. ANTONY NETTO

JUDGEMENT

(1.) The first petition is for impleading the petitioner, an assignee from the deceased sole appellant, as an additional appellant in the appeal; and the other petition is for setting aside the abatement of the appeal.

(2.) The appellant assigned her rights to the petitioner, when the suit against the former was pending in the lower court. The suit went against the appellant; and she filed the appeal before this Court. Thereafter, she died on 13th March 1964, and the petition for bringing on record the assignee as an additional appellant was filed ninety days thereafter, i. e., after the appeal abated. The petition for setting aside the abatement was also filed.

(3.) The respondents counsel brings to my notice the decision of the Supreme Court in Sm. Saila Bala Dassi v. Sm. Nirmala Sundari Dassi ( AIR 1958 SC 394 ). Therein the Supreme Court has approved the legal position that an application made by an assignee, who takes the assignment during the pendency of the suit, to bring him on record at the appellate stage cannot be allowed under O.22 R.10 of the Code of Civil Procedure. The Supreme Court appears to have also approved that the expression during the pendency of a suit means only before the suit was disposed of and not during the appellate stage. Therefore, the present petition by the assignee, who obtained the assignment during the pendency of the suit before the lower court, to bring her on record in the appeal cannot be allowed under O.22 R.10 of the Code.