Section 148 in Rules of the High Court of Judicature for Rajasthan, 1952
148. Appeal against legal representative of deceased party.
- Where a person has died after the date of an appealable decree or order to which he was a party, any other party to the decree order who wishes to appeal therefrom, may enter the name of the legal representative of the person who has died, in the memorandum of appeal, as a respondent, if that person would, if alive, have been a necessary or proper party to the appeal; The appellant shall also present along with memorandum of appeal an application for leave to make such legal representative a respondent to the appeal accompanied by an affidavit stating such facts as may be necessary to support his application.Provided that no such application shall be required, if such legal representative has already been made a party to any proceeding under the decree or order subsequent to the date on which it was passed; in such case, a note to that effect shall be made in the memorandum of appeal.
