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Judgment
Respondent contends that, as this is an appeal in a matter in execution the appeal became incompetent when appellant died on 16th November 1926 and that the ruling of this Court in Palaniappa Chettiar v. Valliamma Achi (1) will preclude the maintainability of the appeal, and that the present petitioner''s remedy is by way of a fresh execution petition. The ruling in Palaniappa Chettiar v. Valliamma Achi 99 Ind. Cas. 627 ; 50 M. 1 ; 51 M.L.J. 745 ; (1926) M.W.N. 981 ; AIR 1927 Mad. 184 ; 25 L.W. 354 did not relate to the case of an appeal against an order in execution, and there are obvious difficulties, e.g., questions of limitation, the maintainability of successive applications etc., which will arise if the ruling is applied to cases of appeal.
We are not prepared to extend the application of the ruling to the present case and see no reason why the ordinary procedure relating to appeals, when an appellant dies should not apply.
We repel the objection. The trial Court has held that the petitioner is the legal representative of the deceased appellant. We allow the petition.