( 1 ) AN interesting question regarding the substitution of heirs, on the death of the deceased plaintiff, has been raised in this Rule.

( 2 ) ONE Bimala Bala Ghosh now deceased, tiled a suit for ejectment of the defendant petitioner from premises No. 117, Akhil Mistry Lane, Calcutta, in which the defendant was a tenant.

( 3 ) THE aforesaid suit, being Suit No, 1889 of 1952, was decreed ex parte on 22-2-1953.

( 4 ) THEREAFTER, on 1-4-1953, the defendant petitioner filed an application, under Order 9 R. 13 of the Code of Civil Procedure, for setting aside the aforesaid ex parte decree, on the allegation that he came to know of the decree only on 31-3-1953. The aforesaid application was registered as Misc. Case No. 61 of 1953.

( 5 ) DURING the pendency of the aforesaid Misc. case, the plaintiff decree-holder Bimala Bala Ghosh died, on 23-12-1953. One of her sons Anil Kumar Ghosh entered appearance in the Misc. Case, under Order 9, R. 13 of the Code of Civil Procedure, on 18-1-1954 and by an application filed on the same date brought to the notice of the court the fact of death of Bimala Bala Ghosh and prayed for an adjournment of the hearing of the matter, so