( 1 ) THIS is an appeal from an order of Banerjee J, dated November 23, 1948, setting aside an abatement.

( 2 ) THE two plaintiffs brought a suit against Sm. Fuleswari Bhadra claiming a declaration that they had certain rights of light and air and an injunction restraining the defendant, her servants or agents from obstructing or interfering with these rights. There was also a claim for a declaration as to a right of way and an injunction restraining the defendant from interfering with such right.

( 3 ) THE suit proceeded, but eventually it became known to the plaintiffs that Sm. Fuleswari Bhadra had died and the solicitors of the plaintiffs wrote to the defendant's solicitors asking them for information as to who were the personal representatives. No satisfactory reply was obtained, and eventually certain records were searched in this Court and it was discovered on August 23, 1948, that the lady had left a will naming Ashutosh Bhadra and Bejoy Kumar Bhadra as executors. They were therefore the proper persons to be substituted in place of the deceased defendant. It appears that the defendant actually died on April 9, 1948.

( 4 ) IT is therefore quite clear that o