JUDGMENT Malik, J. - There is no force in this appeal. The appellants were the landlord applicants under the Encumbered Estates Act. One of the creditors who was impleaded as an opposite party was Jyoti Prasad. He died, but the landlord applicants did not apply for bringing his legal representatives on the record within 90 days. The result of that failure was held by this Court to be that the debtors' application petition had abated qua Jyoti Prasad. The High Court had overruled the suggestion made on behalf of the landlord applicants that Jyoti Prasad's debt had been extinguished. The result, therefore, of that decision is that the landlord applicants' application as against Jyoti Prasad was deemed to have abated while Jyoti Prasad's debt was held to be still outstanding. The application filed on behalf of the landlord applicant? as against others was still pending and was not dismissed in its entirety. It is open to any creditor, whether he is impleaded by the land-lord applicant or not, to file a claim under S. 9 so long as the claim is within time. Jyoti Prasad's sons and grandson filed an application under S. 9 that they might be allowed to prove their claim against the landlord applicants. It is clear that the application was filed within time and that fact is not disputed by learned counsel for the appellants. What he has, however, urged is that the only remedy open to the respondents was to apply for the setting aside of the abatement. It has now been held that the abatement was not due to any default on their part. It was held by a Bench of this Court in Gokaran Singh Vs. Brij Bhukan Singh and Others, AIR 1939 All 717 that the landlord applicants must be treated as plaintiffs and that the creditor is in the position of a defendant. It was relying on this ruling that this Court has held inter partes thai the application of the landlord applicants as against Jyoti Prasad had abated but that Jyoti Prasad's claim was not extinguished. There can be, therefore, no question of the respondents applying for the setting aside of the abate.