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1952 Supreme(Bom) 16

M.C.CHAGLA
Bai Pani Vankar – Appellant
Versus
Madhabhai Galabhai Patel – Respondent


JUDGMENT - (1) A suit was filed by one Soma Parma, who was a minor, through his next friend. This suit was dismissed on 23-12-1950. By that time Soma had attained majority and he instructed his pleader on 21-1-1951, to prefer an appeal and he signed a vakalatnama in favour of the pleader on January 22. The pleader preferred the appeal on 29-1-1951. Prior to that date Soma died on 23-1-1951. On 16-3-1951, the present petitioner, who is the heir and legal representative of Soma applied to the District Court to substitute her name in place of Soma. That application was dismissed by the learned District Judge, and it is from that order that this revision application is preferred.

(2) How, apart from authorities, I should have said that the appeal that was preferred, on 29-1-1951, was clearly a nullity. The appellant being dead, the pleader who preferred the appeal had DO authority to prefer any appeal and the vakalatnama signed in his favour had come to an end. If the appeal was a nullity, no order could be made in that appeal which would he an effective order, and therefore the learned District Judge was right in refusing to direct that the petitioner should be substituted in place of









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