(1.) WANCHOO, C. J. 1. The question in this case is whether the appeal has abated.
(2.) WE might narrate the facts briefly to understand the point involved. The appeal was pending in this Court, and Motilal was one of the respondents. He died on the 26th of September, 1953, and an application was made on the 32th October, 1953, for bringing his legal representatives on record. In this application, the names of Mohanlal and Purshottam Das, his minor sons, alone were mentioned, and it was prayed that they be brought on record under the guardianship of their mother. While processes were being issued in this connection, an application was made on the 7th of March, 1954, by the appellant praying that some lawyer be appointed guardian of the minors as the mother was apparently not agreeable to act as guardian. In this application, a third son, namely Batanlal, was also mentioned, though in the application of the 12th October, 1953, only the names of two of Motilal's sons, namely Mohanlal and Purshottam Das, were mentioned. This fact was noticed, and the counsel was asked to explain how the name of another son was being mentioned in this application. Thereupon, the counsel explained that Motilal had left one more son Katanlal who was younger than Purshottam Das and Mohanlal, and that he should also be made a legal representative of Motilal. It was then pointed out by the office that as Motilal had died on or before the 26th of September, 1953, the prayer for bringing Ratanlal as legal representative was barred by time. Thereupon, the case was put up before learned counsel for the parties, and it was contended on behalf of Dau-das respondent that the whole appeal abated.
(3.) IN -- 'abdul Baki v. Bansilal Abirchand Firm', AIR 1945 Nag 53 (H), it was held that if there are several legal representatives, it is enough if some legal representatives are joined within the period of limitation. It was also held in this case that a subsequent application for bringing other persons on record as legal representatives is not covered by the 90 days' rule, but is governed by Article 181 of the Limitation Act.