JUDGMENT 1. It is quite clear that the learned Judge misdirected himself in refusing to hear the legal representatives of the deceased man. An appeal came before him which was dismissed ex parte. It may have been due to the illness of the appellant. We do not know how it came to be dismissed for default. It would be a monstrous state of things if it were the law that the heirs, or legal personal representatives, could not as of right pursue any claim which a deceased man had, which death had prevented him from pursuing. Whether he had the right to obtain a restoration of his appeal is not the question now before us. He had a right to be heard and therefore his heirs or legal personal representatives had a right after his death to be heard also. The learned Judge must have overlooked the provisions of S. 146 which was clearly enacted to cover a case like this, and in our opinion the ruling relied upon by the learned Judge had no application, even if it may be regarded as still good law after the addition of the section which has now become part of the 1908 Code. We must accept the application in revision, remit the case to the District Court with directions to the Judge to allow the applicants to apply to be substituted on the record as heirs or personal representatives of the deceased appellant and on such application to hear such evidence as may be submitted by the parties and to determine whether in fact they are or are not such heirs or personal representatives, if the question is disputed by the other side. In the event of the Judge deciding that they are such heirs and personal representatives, they have a clear right to have their names substituted for the deceased appellant on the record, and (having regard to what has happened no question of limitation can be put forward against them) to apply for restoration of the appeal on grounds which would have been sufficient if made by the dead man were he still alive, and able to make the application. Further than this we cannot go because Dr. Sen's clients still say that the application when heard on the merits is likely to be dismissed. Further than this we cannot go because Dr. Sen's clients still say that the application when heard on the merits is likely to be dismissed. Having regard to all the circumstances of the case the costs of these proceedings will abide the result of the application by the applicants to have their names put on the record as heirs or personal representatives.