S. B. Sinha, J.

1. This application is directed against an order dated 10/4/1989 passed by Sri S. N. Gupta, Additional Judicial Commissioner, 1st Court, Ranchi, in Title Appeal No.2 of 1989 whereby and whereunder the said learned court held that the plaintiffs suit has abated.

2. The fact of the matter lies in a very narrow compass.

3. The plaintiff filed the aforementioned suit as against-the petitioner (Chunni Singh), Munni Singh, Bhukhan Singh, Sugriv Singh Sarwan Singh, vijay Singh and the Deputy Commissioner, Ranchi. In the aforementioned suit, defendant Nos.1 to 4 filed a joint written statement. The trial court decreed the suit. The petitioner, thereafter, preferred an appeal in the court of Judicial Commissioner, Ranchi which was registered as title Appeal No.2/82 along with his brother Munni Singh. The defendant Nos.3 and 4 of the aforementioned suits were arrayed us pro forma respondents in the memorandum of appeal.

4. The appellant No.2 and the respondent No.4 of the aforementioned appeal died on 28-7-1986 and 1-1-1988 respectively. On 11-7-1988 and 18-8-1988, the plaintiff-opposite party No.1 filed two separate applications praying therein that the entire appeal