1. Whether a suit will abate on the death of the sole plaintiff when the sole defendant on record is one of his heirs, is the question involved in this revision petition.

2. Under Order XXII R.3 of the Code of Civil Procedure when a sole plaintiff dies, the Court on application made on that behalf shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.

3. A legal representative according to the definition in S.2 (11) of the Code means a person who in law represents the estate of a deceased person. The respondent in this case no doubt is an heir of the deceased plaintiff and in that capacity he is one among the group of persons who represent the estate of the deceased. His interest in the estate is, however, limited only to a share therein and, therefore, he is not competent to represent the whole estate. The rule is, when there are more than one legal representative all of them should be brought on record and if any of them refuses to join as plaintiff, he should be made a defendant

4. Apparently placing reliance on the decision of the Supreme Court in Dayaram v. Shamsundari (AIR. 1965 SC. 1049) an argument is put