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Judgment
3 paragraphs · 113 words
Oldfield, J.—We must give effect to the preliminary objection of the defendants-respondents, and hold that the application for substituting the names of the respondents was barred by Article 171 B of the Limitation Act. That article refers to applications u/s 368 of the Civil Procedure Code, to have the representative of a deceased defendant made a defendant, and the time runs from the date of death. In the case before us the respondent who died is the defendant, and I think the article referred to applies in his capacity at defendant. On this ground I would dismiss this appeal with costs u/s 368 of the Civil Procedure Code.
Tyrrell, J.
2.
I concur.