B. Prakash Rao, J.

This case is coming up before us on a reference made by learned Single Judge (Justice Bilal Nazki) for consideration of the question as to whether the law laid down by this Court in Food Corporation of India v. Sri Ramachandra B & R Rice Mill (AIR 1985 A.P. 23) and also Vijayalakshmi Jayaram v. M.R. Parasuram (1995 (2) ALT 32) that under Order XXII Rule 10A of CPC there is a duty cast on the advocate appearing for a deceased defendant to give the list of legal representatives of the deceased is correct.

Heard Sri S.V. Muni Reddy, the learned counsel appearing on behalf of the petitioners and Sri K.S. Gopalakrishnan, on behalf of the respondents.

The brief facts which give rise to the aforesaid question and as mentioned in the reference are to the following effect:

There has been a delay of 345 days in representing an application for bringing on record the legal representatives of the 6th defendant in a suit. The said application has been dismissed and therefore this revision has been filed.

The 6th defendant admittedly had died on 4th March 1998. A memo was filed by his counsel on 19.8.1998 informing the Court about the death of the 6th defendant. An appl