SOOSAYA PILLAI Vs. AIYAKANNU PILLAI (DEAD)

JUDGEMENT

(1.) The first question for determination is whether the application made on behalf of the appellant on the 28 September 1903 to substitute for the 1 respondent who died on, the 2 October, 1902 the 4th, 5th, and 6 respondents as his representatives is time barred.

(2.) It is contended that the application is governed by article 175 c. of Schedule 2 of the Limitation Act and therefore time barred, not having been made within 6 months of the death of 1 respondent.

(3.) Being an application presented in a second appeal, it is not strictly made under Section 582, C.P.C. and, therefore, it is not within the language of Art. 175(c). "The application is one which is made by virtue of Section 587, C.P.C, which renders the chapter in which Section 582 occurs applicable to second appeals.