No doubt the contention of learned counsel for the petitioner is correct in appeal filed by the respondent herein before the Subordinate Judge was a still-born the defendant in the suit was dead by the time the appeal was filed. In such cases, the Code of Civil Procedure will not apply. There is no question of bringing on record legal representatives as there was no valid appeal. The remedy of the appellant is to cause title amended, if it is within time to file the" appeal against the legal representatives. If it is out of time, the remedy is to apply for condonation of delay in filing the against the legal representatives.

2. In this case, an application to bring on record the legal representatives was filed respondent herein, as if the defendant was alive at the time of filing of the appeal. The below has accepted the explanation given by the respondent that she was not in town time of filing the appeal. According to her, she had provided her advocate with necessary funds for preferring the appeal even a few days prior to the date of filing the appeal and the place. It is her evidence that she came to know the death of the defendant only after return to the place and