G.V. ARUNACHALAM AIYAR Vs. LAKSHMINARASIMHAM AND ORS.

JUDGEMENT

(1.) THIS is an application by the second respondent in the appeal who was the second defendant in the suit. The first respondent was the plaintiff and the appellant was the first defendant. The suit was decreed in favour of the plaintiff (first respondent in this Court). The second respondent has filed cross -objections in the appeal seeking to obtain relief against the first respondent.

(2.) THE appellant died a few months ago, and this is an application by the second respondent to bring on record the legal representatives of the appellant. The application is made within time and there is no question of the appeal having abated when the application was instituted.

(3.) IF the appeal abates, it is manifest that the cross -objections filed by the second respondent will not be able to be heard, and he will be prevented from challenging the correctness of the decision of the lower Court. This was laid down in S. T. M. R. Murugappa Chettiar v. : AIR1921Mad405 a decision of a Bench of this Court.