M.L. SHRIMAL, J.—This special appeal under Sec. 18 of the Rajasthan High Court Ordinance, 1949, is directed against the judgment and decree of a single bench of this Court, delivered on November 16,1971. whereby the learned Judge held that as the appellant failed to bring in time the legal representatives of Shri Brijlal on record, the appeal abated as a whole and in the absence of the legal representatives of Brijlal, the surviving appellants were not entitled to continue the appeal.

2. The facts giving rise to this special appeal are that Rajmal Golecha Ltd instituted a suit on November 15, 1948 for rendition of accounts against Shri Ganesh Narain and Phoolchand in the court of the District Judge, Jaipur city. In the course of trial defendant No.l Shri Ganesh Narain died in August, 1951 and his sons Shri Brijlal and Dhanna Lal were brought on record as his legal representatives. Learned Senior Civil Judge, vide his judgment, dated 28th July, 1959, dismissed the plaintiffs suits, against Phool Chand, but passed a preliminary decree declaring that the plaintiff was entitled to have the accounts taken of the transactions between the plaintiff Company and Ganesh Narain in his capacity

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