KAMALA SUNDARI DASSI Vs. SRIDAM CHANDRA

JUDGEMENT

(1.) This application raises a point of limitation which in another case was described by Mr. Justice Panckridge as "an interesting and a not unimportant point."

(2.) The application before us is for setting aside an abatement of an appeal pending in this Court and to that application is appended a previous application for the substitution of the legal representatives of the deceased respondent. The circumstances in which two applications came to be made are the following:

(3.) It appears that on 12-7-1952, the petitioners got an application prepared for the legal representatives of the deceased respondent in the appeal to be substituted and in the body of that application they stated the necessary facts. The facts stated were that the respondent, Sreedam Chandra Mullick, had died interstate on April, 13 last and that the information of his death had first been conveyed to the applicants by a letter, dated 26-4-1952, written to the solicitor for the petitioners by the solicitor for the deceased. The application went on to explain why it could not have been made earlier. It would have been necessary to consider the merits of the explanation if we had to decide whether an abatement ought to be set aside, but for the reasons I am presently going to state, decision of no such question is necessary.