1. This is an application filed by the father of the appellant seeking permission to prosecute the present appeal and for bringing him on record in place of his son-original appellant, who expired during the pendency of this appeal.

2. This application has been vehemently opposed by the respondent/wife and reply has also been filed. Placing reliance on the decision of supreme Court in the case of Smt. Yallawwa v. Smt. Shuntavva – AIR 1997 SC 35learned counsel for the respondent/wife argued that the appellant/husband Lubhan having expired during the pendency of present appeal and the subject matter of the appeal being the proceedings for divorce between husband and wife on the ground of desertion and cruelty, the cause was purely a personal cause of action and, therefore, the same would die with the husband. He then argued that the respondent/ wife has one child and at any rate on merits of the matter there is no substance in the present appeal as the decree of dismissal of divorce petition is well justified. According to him, the person sought to be substituted in place of original appellant is his father, who is not a class I heir but the child is, and therefore, no bet