Chatterji, J.

1. Two plaintiffs, Ramdeo Singh and Prithwi Nath Singh, who were cousins and members of a joint Mitakshara family, instituted a suit for declaration of title and recovery of possession in respect of certain plots of land with a house standing thereon. The suit was decreed in full by the trial Court. The contesting defendants then preferred an appeal to the District Court in which Ramdeo and Prithwi Nath were impleaded as respondents 1 and 2. Notices were served on them and both of them appeared, as the order-sheet shows, by a vaklatnama on the 30th January, 1948. Ramdeo Singh, however, died near about that time. But the fact of his death was not brought to the notice of the Court and it proceeded to decide the appeal in ignorance of his death. Eventually, on 15th September 1948, it allowed the appeal in part and modified the decree of the trial Court.

2. From the appellate decree Prithwi Nath alone preferred a second appeal to this Court. Along with the memorandum of appeal he filed an affidavit sworn by himself in which he stated that Ramedeo Singh had died on the 1st of January 1948. In support of his affidavit he also filed a certified copy of the death reg