MURI GA CHETTY Vs. RAJASWAMY

JUDGEMENT

(1.) The preliminary objection is raised that in consequence of appellants failure to apply within six months of the death of the original 2nd defendant (which took place on 11th June 1911) to bring his legal representative on record, the appeal must be held to have abated as regards that party.

(2.) An application to set aside the abatement was made on 16th December 1912 and on this an order as prayed for was passed ex parte by Benson and Sundara Aiyar, JJ., on 6th February 1913.

(3.) Mr. Seshagiri Aiyar argues that this order being passed ex parte is not conclusive; and that he is entitled to ask us to re-consider the matter of the abatement in the light of the further affidavits since filed.