Subbavarapu Gangunaidu . v. Murru Muttenna And Others

In A.S No. 433 of 1927 on the file of the District Judge, Vizagapatam, 2nd respondent died in September 1927 and on 29th February 1928 the appellant applied to have respondents 1 and 3 brought on as his legal representatives. It is now found that Gandi Mutyalamma is the proper representative, as appellant might have known, for he is 4th defendant in O.S No. 167 of 1927 where she was brought on as legal representative, and there is no reason to suppose that the present appellant was ignorant of that suit. Therefore after the time for bringing on legal representatives had expired the appellant deliberately attempted to bring on the wrong legal representatives. In these circumstances the learned District Judge, brushing aside a suggestion that a regular appeal was an execution proceeding to which Art. 177. Indian Limitation Act, does not apply, ruled that the appeal had abated; and it cannot be said that he is wrong. His view of the law has since been affirmed by 55 Mad. 1006.

The appellant confines himself to a plea that he was ignorant of the law, and was not aware that his appeal in execution proceedings could abate; but this is entirely an after thought. In February 1928 he applied to bring on legal representatives as though he comprehended the correct law; and it would be a curious presumption that a party who has attempted to comply with the law was ignorant of law. The appeal is dismissed with costs throughout.

N. R. R. Appeal dismissed.