Kuppuswami Ayyar, J.

1. The petitioners seek to be brought on record as the legal representatives of the appellant in S. A. No. 309 of 1943. The original appellant who was the plaintiff filed the suit to recover the expenses incurred by him in prosecuting the defendants for an offence punishable under Section 500, Penal Code. The defendants were said to have sent a petition to the President District Board of Chingleput imputing bad character and dishonesty to the plaintiff, and he claimed in the suit not general damages, but only the money said to have been expended in connexion with the criminal case. The first Court dismissed the suit on the ground that though it was maintainable, it was barred by limitation. On appeal the learned District Judge of Chingleput found that the suit was not maintainable and that if it was maintainable it was barred by limitation. After the second appeal was filed the appellant died and the petitioners file this petition to be brought on record as his legal representatives. The respondents oppose the application on the ground that the cause of action did not survive and therefore that the appeal abated and that consequently the legal representativ