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Judgment
Oldfield, J.—These are applications to the Court to amend the cause title in a Second Appeal and to excuse the delay in seeking that relief.
It will of course be unnecessary to consider the second application, unless the first succeeds. The circumstances, in which the amendment is asked
for are that the respondent, whose name is entered in the appeal as presented, died before the presentation. We are now asked to substitute for his
name those of his legal representatives. The objection to this is that an appeal cannot be presented against a person who has ceased to exist. Order
1, Rule 10 is relied on, but we do not see our way to apply it here since it refers only to suits instituted in the name of a wrong person, and we do
not think that it is applicable to a case, such as the present. The power conferred by Section 153 is general, but again we do not think we ought to
use it, while another course is open to the petitioner, that course being to file another appeal and to have the delay due to his mistake committed in
good faith excused. Taking this view we must dismiss these applications and also the Second Appeal on the ground that no such proceeding as an
appeal against a party, who is deceased, is authorised by the Code. There will be no costs in the Second Appeal but the petitioner will pay the
respondent''s costs in the petitions.