1. This Civil Revision has been filed by the defendants against an order dated 6-12-1974.

2. This matter arises out of an abatement matter. Defendant No.3 Kedar Prasad Sah died on 9-2-1970 and his three sons, defendants 10 to 12 were already on the record of the suit. It is stated that his widow and daughters were not brought on the record within the Period of limitation. In this connection the Supreme Court held in Mahabir Prasad V/s. Jage Ram (AIR 1971 SC 742) that the question of abatement does not arise in a case where some of the heirs of the deceased are already on the record. It is necessary to quote paragraph 6 of the judgement of the Supreme Court which runs as follows :

"Even on the alternative ground that Mahabir Prasad being one of the heirs of Saroj Devi there can be no abatement merely because no formal application for showing Mahabir Prasad as an heir and legal representative of Saroj Devi was made. Where in a proceeding a party dies and one of the legal representatives is already on the record in another capacity, it is only necessary that he should be described by an appropriate application made in that behalf that he is also on the record, as an heir and l