Amber Ali, J.

1. This is an application on summons for revival of a suiton the death of the plaintiff. The defendants attorney contends that theapplicants, not having obtained letters of administration, or a Certificateunder Act VII of 1889, are not entitled to ask that the suit may be revived asagainst them. In my opinion it is not necessary that either letters ofadministration, or a certificate under Act VII of 1889, should be obtained inorder to. entitle the applicants to ask that they may be permitted to proceedwith this suit. They are members of a. Mitakshara family, of which the deceasedplaintiff was a managing member. As such, they bad, jointly with the deceased,a subsisting interest in the subject-matter of the suit. It follows that, onthe death of the plaintiff, his interest parsed to them by survivorship, andnot by succession. This view is in accordance with the decision of the BombayHigh Court in the case of Raghavendra Madhav v. Bhima I.L.R. 16 Bom. 349.

2. The present case, however, is unprovided for, except bySection 372 of the-Civil Procedure Code. The application, therefore, shouldhave been in the form indicated in that section, namely, that the suit becontinued by the applicants. I shall proceed under that section and make anorder for the continuance of the suit by the applicants.

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Beejraj vs.Bhyropersaud (25.06.1896 - CALHC)