R.K.Choudhary, J.

1. This application is on behalf of the defendants first party and is directed against the Judgment and the order of the Additional Subordinate Judge 1, Patna, dated the 21st of December, 1954, holding that the suit out of which this application arises did not abate.

2. The short facts are these : A partition suit, being Partition Suit No. 39/23 of 1950/53, was filed by two plaintiffs the son and the grandson of one Abdul Rahman. The petitioners are the widow the sons and the daughters of Abdul Stibhan, the brother of Abdul Rahman. One Mohammad Omar was defendant No. 9 in the suit. He died on the 6th of November, 1951, and in his place his widow, Musammat Saycra and his sons and daughters were substituted. Musammat Saycra was made defendant No. 9 and her sons and daughters were defendants 9 (a) to 9(g). Later on, Musammat Sayera also died on the 23rd of July, 1953, leaving as her heirs her sons and daughters who were already on the record as defendants 9(a) to 9(g). As the heirs were already on the record, no application for their substitution was made in the case, but on the 24th of June, 1954, about a year after the death of Musammat Sayera, the plaintif