1. The question before us is whether the rights and liabilities arising under a decree; awarding damages for malicious prosecution continue when the plaintiff dies during the pendency of an appeal against the decree. It arises out of an application for substitution of the legal representative of the plaintiff-respondent. The plaintiff Deorao obtained a decree against the defendant Gulabrao for Rs. 1,307-8-0 as damages for malicious prosecution. The rest of the claim was dismissed. The defendant Gulabrao appealed to this Court against the Rs. 1,307-8-0 decreed against him and the plaintiff Deorao filed a cross-objection with respect to the portion of his claim which had been dismissed. After this, but before either the appeal or the cross-objection could be heard the plaintiff Deorao died and his legal representative made the present application for substitution in the memorandum of cross-objections. The defendant Gulabrao not only opposed this, but also stated that the entire claim had abated, and so asked for an order setting aside the decree on that ground.

2. So far as the cross-objection is concerned the matter has been decided by one of us in Ratanchand v. Municipal Com