S.K.CHOUDHURI, J.

1. This civil revision by the plaintiffs who are respondents first party before the lower appellate court, is directed against the order dated 25th May, 1973 passed in Title Appeal No.23 of 1968 by the Second Subordinate Judge, Muzaffarpur, holding that the appeal has not abated for non-substitution of the heirs of deceased appellant No.1 as also respondent No.1, and since it has come to the notice of the court that there are heirs of these deceased persons, they should be added as parties in the appeal; the heirs of deceased appellant No.1 as appellant and the heirs of deceased respondent No.1 in the category of the respondents.

2. This revision was originally placed before a learned single Judge of this Court, who after hearing the parties reserved the judgement and ultimately referred the case to a Division Bench by his order dated 4th April 1980. The learned single Judge noticed in his order of reference the latest case of the Supreme Court in the case of N. Jayaram Reddi V/s. The Revenue Divisional Officer (AIR 1979 SC 1393) wherein it has been said that Rules 3 and 4 read with Rule 11 of Order XXII of the Code of Civil Procedure are based on the prin