Judgment

DESAI, J.:- One Jogendra Naik and two others filed a suit bearing No. 81/11 of 1952/54 against one Madan Naik and 5 others for a declaration of title and confirmation of exclusive possession in respect of a tank and its embankment in village Dahiari in the Court of Additional Munsif, Giridih. The suit ended in a decree in favour of the plaintiffs on June 25, 1954. The defendants in the suit Madan Naik and others preferred First Appeal in the Court of Subordinate Judge, Hazaribagh. The appeal came up for hearing before First Additional Subordinate Judge, Hazaribagh who by his judgment and order dated September 24, 1955 dismissed the appeal and confirmed the decree passed by the trial Court The original defendants carried the matter in Second Appeal No. 1872 of 1955 to the High Court of judicature at Patna. During the pendency of the appeal, it transpired that Jogendra Naik - respondent No. 1 in the appeal had died on July 10, 1955 when the matter was pending in the First Appellate Court. An application was made on May 14, 1956 for setting aside, the abatement and bringing the heirs And legal representatives of deceased Jogendra Naik on record. The High Court by its judgment