Judgement

Appeal (No. 97 of 1934) from a decree of the High Court (January 23, 1933) reversing a decree of the Additional Subordinate Judge of Banda (January 17, 1929).

This appeal arose out of a suit brought by the respondent against the appellants for possession of a village, Kalinjar Tirhati, in the District of Banda, and for mesne profits. The village stood recorded in the Revenue Register in the name of one Bindeshri Prasad, the husband of the respondent, Giri Bala Devi, and was sold at a Court auction sale in execution of a money decree against him, and was purchased by the appellants.

Bindeshri Prasad was the original plaintiff in the suit. He alleged that the sale of the village was vitiated by fraud, and that he was therefore entitled to recover possession of it. Shortly after issues were framed for trial he died, leaving him surviving his widow, the respondent, his only heir. She applied to be substituted in the place of her husband as plaintiff in the suit, praying at the same time for leave to amend the plaint on the allegation that the village in suit formed part of the self-acquired estate of her father-in-law, Ganesh Prasad, that he died leaving a will whereby he gav