Civil Procedure and Practice—Civil Procedure (Revised) Rules, 1948—Order 23,
rules 1 and 4 (3) and rule 8 (1) (2)—Death of appellant—Whether appeal
abated by operation of law or requires oider of Court—Appellant non-suited
by Rent Control Board—Whether suit abated—Costs.
Case summary
An applicant before the Rent Control Board was non-suited and appealed.
He obtained an order from the Appeal Court remitting the cause back to the
Board on a matter of procedure and for costs of the remit, the other costs being
reserved. The Board complied with the 'order and sent back the appeal to the
Appeal Court for disposal. The death of the appellant ensued before the appeal
could be heard. The widow obtained an order bringing her upon the record as
the representative of her deceased husband. The original claim was a personal one
requesting the Board to allocate new shop space in place of demolished premises.
The respondent asked for the appeal to be dismissed with costs.
