Phillips, J.

1. This is an appeal by the trustees of the Pachayappas Charities to recover rent from the respondents. The appeal was filed by all the nine trustees, but, since the appeal was filed, two of the appellant-trustees have died and one has retired. Of the two trustees who died, one died only on 21st March 1915, and, therefore, there is plenty of time to bring in his legal representative or the person on whom his interest has devolved; but objection is taken by the respondents that No. 6, Mr. Ethiraja Mudaliar, having died in 1923, and No. 5, Sir P.T. Thiagaraja Chettiar, having retired on 29th April 1924, the application to bring in the three trustees who have since been elected on the Board is out of time and that, therefore, the appeal should be dismissed in limine. The contention for the respondents is that the new trustees who have been appointed by election to fill the places of those who have died or retired are their legal representatives within the meaning of Section 2, Clause (11), of the Civil P.C., but in that section we find that " legal representative" included " where a party sued in a representative character, the person on whom the estate devolves on