( 1 ) THIS Revision petition which is directed against the order of the II Addl. Subordinate Judge, south Kanara, Mangalore, in Small cause suit No, 163 of 1958 dismissing the suit with costs, has been referred to a Division Bench by one of us, as it raises' an important question, whether a suit brought against a person who is later discovered to have been dead at the time the suit was filed can be amended by substituting another person as defendant,

( 2 ) THE petitioner filed a suit against one P. K. Periaswamy Nadar, Proprietor, Bharatn Match works, Sivakasi, on 31-7-1958, for recovery of the sum of Rs. 974-49 np. with future interest and costs, in the Court of the II Addl. Subordinate Judge, South Kanara, Mangalore. Subsequently it was found that F. K. Periaswamy Nadar, the defendant, had died on 1-6-1958, that is, long prior to the date of the filing of the suit. The petitioner, therefore made an application under Order XXII Rule 4 and Sec. 151 of the C. P. C. on 19-9-1958 and prayed for permission to amend the plaint by deleting the name of P. K. Periasswamy Nadar and substituting the name of S. Than gamani Ammal in the cause title of the plaint and to amend t