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Judgment
Ponniatha Kathoot Parameswaram Munpu and Others Vs. Moothedath Mallisseri Illath Narayanan Nambudri and Another, is a direct authority
for the view that a suit once instituted by two or more plaintiffs duly authorised u/s 92, Civil Procedure Code, does not abate in consequence of
one of the plaintiffs dying during the continuance of the suit.
It seems to us that the case of one of two or more appellants dying after the filing of an appeal against a decree in a suit of the nature referred to
in Section 92 is an a fortiori case of abatement not resulting from the death of a party.
The observations in Chhabile Ram v. Durga Prasad ILR (1915) All 296 to the effect that it is necessary that there should be two persons
interested in the trust and holding the Advocate-General''s sanction for carrying on the litigation have not been accepted by the Bench which
decided the case in Ponniatha Kathoot Parameswaram Munpu and Others Vs. Moothedath Mallisseri Illath Narayanan Nambudri and Another,
and in view of the strict interpretation which has been put upon the expression "" instituted "" by Sir Lawrence Jenkins in Darves Haji Muhamad v.
Jainudin ILR (1906) B 603 , we do not think that they should be followed. Alagappa v. Muthiah ILR (1917) M 237 33 MLJ 173 is an additional
authority for the correctness of the view taken by this Court in Ponniatha Kathoot Parameswaram Munpu and Others Vs. Moothedath Mallisseri
Illath Narayanan Nambudri and Another, , which we have decided to follow (vide the judgment of Sadasiva Aiyar, J., at pages 239-240). The
present application does not come within the scope of Order 22, Rule 3 Ponniatha Kathoot Parameswaram Munpu and Others Vs. Moothedath
Mallisseri Illath Narayanan Nambudri and Another, , Civil Procedure Code, which deals only with applications made by legal representatives of
deceased plaintiffs. Rule 3 ILR (1915) All 296 deals only with the result of such applications not being made i within the time limited by law on the
interest of the deceased plaintiff.
This application is dismissed with costs.
The regular appeal will be posted for hearing in due course.