( 1 ) ONE Gagan Chandra Mitra, a lunatic, instituted a suit on 5-10-1945 against his wife Pannasashi Mitra for a declaration of his title to the properties described in the plaint, for confirmation of possession and also for a permanent injunction restraining his wife from selling the properties. The plaintiff's case was that though the properties had been purchased in the name of his wife they really belonged to him and were purchased with his own money and that his wife was really his benamidar. In the plaint the plaintiff also alleged that though the defendant was his lawfully married wife she became unchaste and permanently left the plaintiff's protection in the year 1942. The defendant in her written statement denied the material allegations in the plaint and alleged that she had left her husband's protection on account of ill-treatment and cruelty. On 28-6-1951, the plaintiff died and on 27-7-1951 the petitioner before us named Kanailal Mitra applied for getting himself substituted in the place of the deceased plaintiff on the allegation that he being the plaintiff's sole surviving brother was his only heir and that the defendant Pannasashi being unchaste was excl