Again, in Thona Varkey v. Krishna Nair , the sole appellant in a second appeal died leaving behind him his son and wife, who were already patties to the second appeal. The wife filed an application for transposing her as an additional appellant in the place of the deceased appellant. An objection was raised that the presence of the son and the wife as respondents in the appeal would not prevent abatement and the application for transposition must be dismissed, as there was no application to set aside the abatement.