Hodge Vs. Marsh

privy council - practice-appeal-abatement-death of respondent before hearing of appeal unknown to privy council-appeal heard-respondent not represented--judgment reserved cannot be delivered after respondent's death.;where the respondent, in an appeal to the privy council from an order making absolute a decree nisi in a suit for divorce, died two days before the hearing of the appeal, at which the respondent did not appear nor was he represented, the appeal being argued in ignorance of the fact of his death, and the board reserved judgment :-;that the appeal at the moment of the death of the respondent and the judicial committee were disabled from delivering the reserved judgment. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of jurisdiction. alness, j.1. said that in the circumstances the board were disabled from delivering judgment as the appeal abated at the moment of the death of the respondent.