Ramaswami, J.

1. The question to be decided in this case is whether the learned Subordinate Judge had jurisdiction to substitute opposite party Chandi Singh and sons of Ramgovind Singh in place of Sheopujan Singh and Rampujan Singh whom he had already substituted by a previous order in place of Mt. Jamurata Kuer, who had instituted the appeal.

2. The material facts are that Kailash Singh had obtained a decree against Mt. Jamurata Kuer in a suit for specific performance of contract. Jamurata Kuer filed an appeal against the decree but on a subsequent date, that is, 11-2-1949, she died. On 24-2-1049 one Jagat Singh filed a petition for being substituted in her place alleging that he had been adopted by the deceased Jamurata Kuer and claimed to be her legal heir and representative. On the same date, Rajkishore Singh filed another petition claiming that he is the daughters son of Sahebjada Singh, husband of Mt. Jamurata Kuer, and asked to be substituted in place of the deceased appellant. On 4-3-1949 one Sheolakhan Singh filed a petition claiming that he was the nearest agnate of Sahebjada Singh. On 13-5-1949 Sheopujan Singh and Rampujan Singh filed a petition asking that they