( 1 ) THIS Rule was issued at the instance of the pltf. of Title Suit No. 39 of 1944 of the Subordinate Judge of Nadia.

( 2 ) THE facts briefly are these : The suit was instituted on 10-7-1944 against one Surendra Nath Biswas. On 15-9-1944 all proceedings in the suit were stayed Under Section 34, Bengal Agricultural Debtors Act. On 22-10-1946 Surendra died leaving behind him as his heirs his three sons Sudhansu, Himanshu and Biranshu. On 27-7-1949 the stay order under the Bengal Agricultural Debtors Act, was vacated and prior to that on 4-9-1947 an appln. was made by the petnr. for substituting the heirs of Surendra, namely, Sudhansu, Himansu and Biransu in the place of Surendra. That appln. remained pending. On 27-10-1947 Biranshu died leaving behind him as his heir his widow Santirani. On 27-10 1949 the petnr. filed an appln. for substitution of Santirani as legal representative of Biransu and for the amendment of the plaint after such substitution. To this appln. an objection was filed by the defts. in the suit who are the opposite parties in the present Rule. Pending the disposal of that appln. a fresh appln. was filed by the petnr. for setting aside the abatement of