GANESHMULL SURANA Vs. NAGRAJ SURANA

JUDGEMENT

(1.) This is an application for setting aside abatement (if any) of the suit and substitution of the petitioner in place of the deceased Ganeshmull Surana who filed the suit for self and as the Karta of a Mitakshara joint family carrying on a joint family business in the name and style of Messrs. Ganeshmull Nimchand, against defendant Nagraj Surana on (inter alia) the following allegations: Ganeshmull Surana at all material times was the Karta of the joint family and for the benefit of the family carried on a joint family business which acted as a commission agent of the defendant; that there were various transactions between the parties, & a sum of Rs. 10,887/7/-including interest became due which the defendant in spite of demand did not pay.

(2.) The suit was filed in 1947. Ganeshmull died on 23-12-1949, & the Notice of Motion of this application was taken out on 1-5-1950.

(3.) From the dates it is clear that the application is out of time, Mr. H.N. Sanyal who appears on behalf of the petitioner has conceded that the petition does not disclose sufficient grounds for enlargement of the time. But he has raised an interesting question. He contends that the suit has not abated and a suit of this nature cannot abate by the death of a Karta. I trunk Mr. Sanyal's contention is right. As the point is an important one, and as I am dinering from certain decisions of other COURTS, I must give my reasons. No authority of this Court has been brought to my notice which directly covers the point.