JUDGMENT

K. RAMASWAMY, J.- One Brahmadeo Singh son of Tuso Singh filed Partition Title Suit No. 13 of 1963 against his brothers and their heirs claiming 1/6th share in the coparcenary properties mentioned in schedules attached to the plaint. The trial court dismissed the suit. While the F.A. No. 582 of 1968 was pending in the High Court of Patna, he died on June 8, 1981. The appellant, Pavitri Devi, filed an application for substitution of her and her son as legal representatives. Her claim has been founded on two grounds, namely as the daughter of Brahmadeo Singh as well as the registered gift deed Ex. 2 dated August 5, 1980 executed by her father giving his entire share in the joint family property and putting them in possession of 9.96 acres of land. When the factum of the date of death and her entitlement as an heir were put in issue by the contesting respondents before the appellate court, the trial court was directed to record the evidence and to submit its report thereon. The trial court on recording voluminous evidence found that Brahmadeo Singh died on May 6, 1981 and not on June 8, 1981, and consequently the appeal stood abated. The trial court also found that the appella