JUDGMENT - A.P. SHAH, J.:---The short question that arises in these two appeals is whether the suit for specific performance of the contract abates in its entirety when one of the plaintiffs being party to a joint, indivisible contract, dies and his heirs and legal representatives are not brought on record within the specified time and whether it is permissible for the heirs and legal representatives of such plaintiff to apply after several years to bring themselves on record and set aside the abatement of the suit only as against the deceased plaintiff.

2. The facts of the case in brief are as follows :

The present suit for specific performance was filed by the plaintiff Nos. 1 to 3 on the basis of an agreement of sale in respect of the immovable property described in Exhibit A to the plaint. During the pendency of the suit, plaintiff No. 1 died on 5-4-1997. The plaintiff Nos. 2 and 3 did not take any steps to bring the heirs and legal representatives of the deceased plaintiff on record. On 28-6-2000 a Chamber Summons was taken out by the heirs and legal representatives of the deceased plaintiff No. 1 for bringing them on record in place of plaintiff No. 1 and for setting aside the

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