SRINIVASA CHARI, J.

( 1 ) THIS appeal arises under the following circumstances. The appellant is the plaintiff who filed a suit on 18th Amardas 1358 F. (18-9-1948 ). It would appear that during the pendency of the suit in the trial court the sole defendant died on 9-7-1953. This fact of the death of the defendant was brought to the notice of the Court by the defendants vakil on 9th July 1953. The plaintiff instead of filing an application for bringing on record the legal representatives of the deceased defendant, filed an application for amending the plaint by bringing on record the legal, representatives of the deceased defendant alleging that, as they are the legal representatives, they are liable to pay the amount of the suit. This application for amendment of the plaint was filed on 28th July 1953. On 31st July 1953, the proceedings would show, that the advocates of both the parties were present and the Court passed an order, allowing the plaintiff to amend the plaint and directing notice to be issued to the proposed legal representatives find the case appears to have proceeded further. Finally, on 31st March, 1955 the Court passed an order dismissing the suit of the plaintiff O

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