S.K.Chaudhary, J.

1. In these cases the common question of law referred to the Full Bench are the following-

(1) When a party to a suit dies and some of his heirs are already on the record and some are not, and are not substituted in the proceeding, the proceedings abate or the heirs on the record represent the entire estate of the deceased for the purpose of the proceeding and the proceeding does not become defective?

(2) Whether the answer to the first question is of universal application or is dependent on certain conditions, if so, what are the conditions.

Before answering the questions, for convenience I re-formulate the first question in the following language:

(1) When some of the heirs of the deceased party are already on record and the rest of the heirs are not substituted, whether the proceeding becomes defective and abates or whether by application of the principle of representation by the heirs on record the proceeding does not abate?

2. In order to answer the questions mentioned above it is necessary to state the sailent facts of the appeal. Miscellaneous Appeal No 157 of 1975 has been preferred by plaintiffs Nos. 2 to 6 against an order of partial abatement of