ORDER

1. This appeal arises out of a suit filed by the appellants for declaration of title and injunction and in the alternative for possession in respect of the lands belonging to one Kishan Singh who has died. The claim of the appellants is based on a will dated 14-3-1968 said to have been executed in their favour by Kishan Singh. The defendants in the suit were the natural heirs of Kishan Singh in whose favour mutation had been made in the Revenue records. During the pendency of the suit one of the defendants, Lal Singh, died on 13-4-1974. The appellants moved applications for setting aside the abatement and for bringing or record the legal representatives of Lal Singh in the trial court on 10-10-1974. The said applications were disposed of by the Sub-Judge, Zire by order dated 3-6-1976. The Sub-Judge found that the applications were filed after much delay but he held that there was no question of abatement of the proceedings in the case inasmuch as the suit could proceed as far as the other defendants were concerned.

2. A revision was filed by the legal representatives of the deceased Lal Singh as well as by some other defendants in the High Court. The said revision was allowed