( 1 ) THIS suit was filed by Devi Dayal (who has since been substituted by his legal representatives) for the recovery of Rs. 2,50,000. 00. It was alleged in the suit that one Ch. Ram Narain Bishnoi took from the plaintiff different loans totalling Rupees 1,43,000. 00 and executed pronotes in favour of the plaintiff on the said dates. It was also stated in para 4 of the plaint that about a year back Ch. Ram Narain died and the defendants are his sons and legal representatives of his estate and are bound to pay the just debts of their father. A decree for Rupees 2,50,000. 00 comprising of Rs. 1,43,000. 00 as principal and Rs. 1,07,000. 00 as interest was therefore prayed. Suit was filed on 18-1-1965. In the suit when the evidence was being taken on commission on 6-2-1971 the advocate for the defendants made a statement that Banwari Lal, defendant No. 2 had died by failure of heart on 31-1-1971. On this the advocate for the plaintiff stated that the case could not proceed in the absence of the deceased defendant and the case was, therefore, adjourned for further proceedings. On this the Commissioner adjourned the matter and returned the proceedings to the court for fur