JUDGMENT - Patel, J.

(1) This revisional application arises out of an order made under the provisions of Order 22 Rule 4 of the Code of Civil procedure in a suit.

(2) That short facts are that the one Balajis left two sons vithoba and Pandurang after his death who were members of the joint family. Vithoba died in 1912 leaving behind him Vyankati, defendants No. 1and Gopalam defendants No. 2 Pandurang died in 1941 levying behind him his widow Sarubai and daughter behind him his Indubari who was married. At the time of this death the joint family was posed to the suit property. In August 1961. Pandurangs widow Sarubai filed a suit claiming partition of the her share in the property against the defendants. After issue were framed, sarubai was examined on commission. Thereafter she died on 20th October 1962. Before the her death she hand excited a will and bestowed her properties in favor of her daughter India. Indubai then made an application under the provisions of Order 22 R. 3 for being brought or record in placed of her mother as the plaintiff claiming the properties under the with or in nay event by reasons of S. 15 of the Hindu Succession of Act 1956. She claimed thereof to be the

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