J. ESWARA PRASAD, J.

( 1 ) THE petitioner is questioning the order of the Lower Court, recording the first respondent as the legal representative of the deceased-first defendant in the suit. The first respondent herein, is the plaintiff in the suit filed for partition and separate possession of his share of the suit properties, claiming to be the adopted son of the deceased-first defendant The other respondents are formal defendants in the suit against whom no relief was claimed. On the death of the first defendant, the plaintiff filed a memo into the Court and the court below recorded the plaintiff as the legal representative of the deceased-first defendant. It is against this order the present revision is filed.

( 2 ) THE learned counsel for the petitioner Sri C N Babu, argued, that a legal representative can be brought on record only on an application to be filed in accordance with the provisions of Order 22 of the Code of Civil Procedure and that the Court below was in error in passing orders on the mere Memo filed by the plaintiff. He further contended that, with the death of the first defendent, the suit abated and no part of the cause of action survied against the other defen

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