1. This appeal is brought on behalf of the auction purchaser Jagarnath Raut, against the brder of the Additional Subordinate Judge of Arrah, dated the 22nd November, 1956 affirming the order of the Munsif of Buxar, dated the 31st January, 1956, setting aside the sale of the property held in an execution case, under the provisions of Sec. 47 of the Code of Civil Procedure.

2. It appears that respondent No. 1, the Commissioners of Buxar Municipality, brought a Small Cause Court suit against one Jugal Kishore Singh of village Chaugain for realising arrears of municipal taxes. The suit was instituted on the 2nd April 1953, against the said Jugal Kishore Singh. Later on the plaintiff applied for amending the plaint on the ground that Jugal Kishore Singh was dead before the presentation of the plaint, and the son of Jugal Kishore Singh, namely, Girishwar Prasad Singh, should be substituted in place of Jugal Kishore Singh. The Court ordered amend ment of the plaint "subject to the law of limita tion".

Notice of the suit was duly served upon the substituted defendants, who did not, however, contest the case. Accordingly a decree was granted in favour of the plaintiff-respondent on