1. This is a case slightly out of the ordinary as will presently appear.

2. There was a suit against the appellant (the first defendant) and others and the suit was dismissed. Pending appeal before the Subordinate Judge, one of the defendants died. That was not noted; and in the appeal, the Subordinate Judge set aside the decision of the Munsiff and sent the case back for fresh disposal. Pending the case before the Munsiff after the remand, the death of the defendant was noted and that was brought to the notice of the Munsiff. Applications for setting aside abatement and for impleading the legal representatives were also filed before the Munsiff. The Munsiff, since he had no jurisdiction to implead the legal representatives, sent the case to the Subordinate Judge with a report; and after the case reached the Subordinate Judge, the plaintiff (the contesting respondent) filed applications before the Subordinate Judge for setting aside abatement and for impleading the legal representatives. And the legal representatives were impleaded, after which the case was again remanded to the Munsiff for fresh enquiry. It is against this that the second appeal has been filed.

3. It is