ORDER :- Special leave granted.

2. Father of appellants Nos. 1 and 2 one Shri Maharaj Swarup and 8 others filed a suit against defendant No. 1 Sh. Ganesh Narain Mathur and defendant No. 2 one Sh. Mool Chand for partition and possession of the undivided share in the properties set out in Sch. B annexed to the plaint. In respect of properties set out in Sch. C, plaintiffs claimed undivided half share with defendant No. 1 Ganesh Narain Mathur. There was also a claim for partition for other properties set out in the plaint. This suit ended in a preliminary decree declaring the share of plaintiffs on one hand and defendants Nos. 1 and 2 on the other hand and certain directions were given for rendering accounts by different parties to the suit. A direction was given that a Commissioner be appointed for effecting partition according to the preliminary decree and for taking accounts. The preliminary decree was dated Jan. 11, 1972. Plaintiff Maharaj Swaroop preferred 1st Appeal No. 67 of 1972 in the High Court of Judicature for Rajasthan at Jaipur. It appears that during the pendency of the appeal, appellant Maharaj Swaroop died and his heirs and legal representatives were substituted. In th