JUDGMENT

Walsh, J. - This is an application in form to bring on record the names of two persons, Gomti Prasad and Kauleshar Prasad, collateral relatives of the deceased appellant, Lachmi Narain. Lachmi Narain died on the 2nd July 1919 and the time for substitution of names, namely, six months, therefore, expired on the 2nd of January 1920. An application was made to this Court, ex parte, on the 5th of February, a month and three days beyond time. The learned Judge, who happened to be myself, issued notice to the ether side to show cause why in spite of the expiration of time, leave should not be given. Mr. M.L. Agarwala for the plaintiff appears to show cause, and he has raised certain objections which it is necessary for me to deal with, In the first place he says that there is no order of abatement, and that the application is one to bring certain names on the record and not to set aside any order of abatement. I agree that that is an accurate description of the technical position but for some reason or another, which I have never been able to understand, we have no system in this Court by which, if an appeal abates or is dismissed automatically for breach of some condition preced