JUDGMENT

Rajendra Babu, J.-A Suit in O.S. No. 1 of 1960 was filed under Order 1 of Rule 8 of the Code of Civil Procedure for a declaration in respect of 456 London Mission Churches and its properties as belonging to London Mission Christians and for injunction and in respect of certain other properties for recovery of possession. During the pendency of the suit, Plaintiff No. 2 died. The suit was dismissed on 1.4.1967 on the ground that it was not maintainable as plaintiffs had not obtained the consent of the Advocate General under Section 92 of the Code of Civil Procedure to prosecute the suit. However, on merits, it was held that there was a valid merger of London Mission Society Churches with the SIUC and thereafter SIUC Churches with CSI.

2. Against the said decision in the said suit, an appeal was preferred by plaintiffs Nos. 1, 3 and 5. Plaintiff No.4 did not join as an appellant. He was impleaded as one of the respondents. During pendency of the appeal, all the appellants died. Two persons, Anbiah & Dharmakhan, filed an application for bringing them as LRs of appellant No.4 in CMP No.13928 to 13931/1974 on 13.3.1974. They also filed another application to set aside the abatem