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 art. 171-B of the Limitation Act. That article refers to applications under 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 of defendant. On this ground I would dismiss this appeal with costs under s. 368 of the Civil Procedure Code.
Tyrrell, J.:— I concur.
Appeal dismissed.