Srinivasan, J.

These petitions have been filed for condonation of delay of 851 days in seeking to set aside the abatement caused by the death of the first respondent in the appeal and setting aside the abatement and bringing the legal representatives of the deceased first respondent on record. The first respondent died on 25. 1990, but the appeal was presented only on 16. 1990 against the first respondent as if he was alive. The appeal

presented against the dead man is not valid and it has to be dismissed on that ground. Hence, there is no question of setting aside the abatement and bringing the legal representatives on record.

2. In such a case, the procedure to be followed by the appellant has been prescribed by a Full Bench of this Court in Alusumilli Gopala Kristnayya and another v. Alivi Lakshmana Rao , (A.I.R. 1925 Madras 1210). The remedy of the appellant is to seek amendment of the cause title of the appeal by showing the names of the legal representatives of the deceased respondent and also applying for condonation of delay in filing the appeal. Even When these applications were filed there was a delay of 851 days. No doubt, in the affidavit filed in support of