1. This revision application is directed against the order dated 18-12-1985, passed by the Subordinate Judge, Ist, Patna, in Title Suit No. 26 of 1982, by which he has rejected the application filed by the plaintiff-petitioner under Order XXII, Rule 4(4) of the Code of Civil Procedure (hereinafter referred to as the Code), claiming exemption from the necessity of substituting the legal representatives of deceased defendant No. 3, who even though appeared in the suit but neither filed any written statement nor did she participate in the proceeding of the suit.

2. The facts necessary for disposal of the present application are that the plaintiff filed the aforesaid suit for declaration of title as well as for a declaration that the sale deed executed by defendants No. 3 and 4 in favour of defendants No. 1 and 2 was illegal and inoperative as well as for recovery of possession.

3. The plaintiffs case is that the premises in question, situated in S.P. Verma Road in the town of Patna, was the self-acquired property of her husband, namely, late Akbar Imam. He gifted the same to her on 20-11-1966 and on the basis of the said gift, the name of the petitioner was mutated in the reco