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1955 Supreme(Ker) 98

KUMARA PILLAI
Travancore Devaswom Board – Appellant
Versus
Kandaru Vasu Devaru. – Respondent


Judgment :-

1. C.M.P.No.1757 is an application in A.S.122 of 1954 for impleading as a respondent therein defendant 14 in the court below and amending the cause-title of the appeal accordingly, and C.M.P. 1758 of 1954 is a petition for excusing the delay in making the application to implead defendant 14. In the appeal petition there was only one respondent, namely, defendant 8. He had died even before the suit was decreed in the court below, and his legal representative had been impleaded as additional defendant 14 in that court itself. But this fact was not noticed when the appeal was filed in this court, and so only defendant 8, and not defendant 14 was made respondent in the appeal petition. On the discovery of the mistake the appellant has applied for the impleading of defendant 14 as respondent in the place of defendant 8 and for excusing the delay in making the application. The two applications are opposed on the ground that the court has no jurisdiction to grant an application for impleading when the appeal itself has been filed against a deceased person and that the question of bona fides or mala fides of the appellant is not material in this connection. Reliance was placed


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