1. ' MUHAMMAD YAQUB ALI, ACTG. C. J.-Chiragh Ali was one of the respondents in the First Appeal filed by the petitioners in the Court of the Additional District Judge, Gujrat. On his death his legal representatives were impleaded as respondents. In the Second Appeal preferred by the petitioners in the High Court neither Chiragh Ali nor his legal representatives were impleaded. After a lapse of nearly one year the petitioners moved an application in the High Court under Order XLI, rule 20 and Order I, rule 10 read with sections 107 and 151, C. P. C. For correction of the memorandum of appeal and including the names of the legal representatives of Chiragh All as respondents.
2. ' The explanation given by the petitioners for the omission to implead the legal representatives of Chiragh Ali, deceased, was not cogent and rejected by a learned Judge. Consequent upon it the appeal qua the legal representatives of Chiragh All was declared to have abated.
3. ' The petitioners seek leave to appeal on the ground that the omission to implead the legal representatives of Chiragh All was due to a bona fide mistake of the typist who had prepared the memorandum of appeal. This contention was considered by the learned Judge in the High Court and found to be inadequate for condoning the delay and depriving the legal representatives of Chiragh All of valuable rights which had accrued to them.
4. Raja Said Akbar has not been able to convince us that the petitioners should not be penalized for the error made by the typist or their counsel. It was the duty of the latter to compare the typed memorandum of appeal with the copy of the decree-sheets supplied to him which was filed along with the memorandum of appeal in the High Court. It was thus not case of an error on the part of the typist alone, but equally of the learned counsel for which the petitioners have to suffer.
5. ' Leave to appeal is refused Dismissed.