Jamuar, J.

1. A preliminary objection was raised on behalf of the respondent in this appeal that the appeal had abated. The appeal was filed on 23rd January 1945, and the respondent was one Ram Babu. It appears that on 28th March 1947, Ram Babu executed a will leaving his entire estate to one Sailendra Kishore, his sisters daughters son, and appointing his father Nand Kishore Chand as the executor. Ram Babu died on 12 September 1947. On 10th October 1947, an application for probate of the will was filed. On 20th November 1947, an application was made in this Court for the substitution of Ram Babus widow, Mt. Annapurna Devi, in place of Ram Babu, and on 8th December 1947, another application was filed to add Sailendra Kishore as a party respondent under the guardianship of his father Nand Kishore Chand in addition to Mt. Annapurna Devi. In answer to the two petitions filed by the appellant for substitution, on 31st January 1918, Nand Kishore Chand filed an application informing the Court that he had been appointed the sole executor in the will of Ram Babu and thus he was the only legal representative and as he had not been brought on record till then, the appeal had abated.