1. This application has been filed by the appellants that Bela Singh, respondent No. 6, has died on April 9, 1971, and his legal representatives as detailed in para 4 should be brought on the record. This application was filed by them on March 17, 1972. The reason for delay which has been given is that appellant No. 2 has its office situated at Chandigarh and, as such, could not know in time about the death of Bela Singh. They further claim that the Code of Civil Procedure does not apply to the proceedings under the Motor Vehicles Act, 19 9, (hereinafter referred to as the Act) or to the appeals filed under section 110-D of the Act. The learned counsel for respondents 4 and 5 has vehemently contested this application and has submitted that the appeal has abated in toto on account of death of Bela Singh.

2. The first submission of the learned counsel for the appellants is that the Code of Civil Procedure (hereinafter referred to as the Code) has got no application to the proceedings under the Act or in appeals which are filed under section 110-D of the Act. The learned counsel for the respondents controverts this position and submits that in case of appeals in the High Court