B.P. Jha, J.

This Civil revision is against an order dated 20th December, 1984.

2. One Surya Shekhar Prasad Sinah instituted a suit against the defendant-petitioner. The plaintiff was the step brother of the defendants-petitioner. The defendant petitioner was appointed as Shebait of the deities. The allegation in the plaint was that the defendant-petitioner was not properly managing the properties. In other words, the main allegation was that the defendant-petitioner should not continued as Shebait as he was spoiling the properties of the deities. The defendant-petitioner has refuted these allegations.

3. This matter arise out of an injunction matter. The trial court refused to grant injunction to the deceased plaintiff, Surya Shekhar Prasad Singh (plaintiff) died during the pendency of the appeal in the appellate court. The lower appellate court allowed the heirs of the deceased plaintiff to prosecute the appeal before the appellate court. The lower appellate court was of opinion that the heirs could be substituted as guardians under Order 32, rule 10 of the Code in Civil Procedure (hereinafter referred to as ‘the Code’).

4. The point for consideration are as follow:

(1) Whethe