Das, J.

1. The short facts relevant for the purposes of the point raised in this appeal are the following. The appellant as the plaintiff brought a suit for a declaration that 7 bighas 19 kathas 19 dhurs of land situate in village Parsi Pakri formed part of her mukarrari tenure and for confirmation of possession. It appears that the plaintiff appellant owns proprietary interest in tauzi No. 9351, in which the tenure is held, to the extent of 13 annas and odd. The remaining 2 annas and odd were owned by the defendants. On 11-8-1947, the learned Subordinate Judge who dealt with the suit in the first instance dismissed the suit. An appeal was than preferred to the district Court which was numbered Title Appeal 566 of 1947. Notices of the appeal were served on the respondents, including one Gudar Singh who was defendant 14 in the Court of first instance. It is stated that a notice of the appeal was served on Gudar Singh also, and Gudar appeared in the appeal.

On 15-6-1948, Gudar died, but his heirs were not brought into the record; because none of the parties brought the fact of the death of Gudar to the notice of the court. On 20-9-1948, the appeal was heard in the absence of