JUDGMENT

 The appellant is the first defendant in Suit OS No. 199/68 on the file of the Court of District Munsif, Payyoli. The trial Court decreed the suit. On appeal, the decree, to the extent of the property covered under Ex. B-12 a will dated 1-11-1955 executed by Lakshmi Amma, the mother of the appellant, was not upheld and the said properties were ordered to stand excluded from partition. On second appeal, the High Court reversed the decree of the appellate Court in that behalf and confirmed the decree of the trial Court in Second Appeal Nos.753/75 and 977/75 dated 23-11-1977. Thus this appeal by special leave.

2. Sri Nambiar, learned counsel for respondent, contended that respondent Nos. 2, 4 and 11 have since expired and their legal representatives having not been substituted, the appeal stood abated. We find no force. Admittedly, before their deaths, they sold their respective shares by registered sale deeds in favour of other respondents. So, by operation of Order 22 Rule 10 C. P. C, their respective interest devolved by transfer on the respondents who are already on record. Therefore, there is no need to bring the L. Rs. of the deceased on record or to transpose them as le