1. The above petitions are by the respondent in A. S. No. 86 of 1958. The respondent in that appeal was the sole plaintiff in O. S. No. 39 of 1957 of the Subordinate Judge's Court, Thiruvalla. The suit was filed for amounts alleged to be due from defendants 1 and 2 in that suit and others. A preliminary decree was passed for settlement, of accounts against defendants 1 and 2 and others. Though this was called a preliminary decree, the liability of defendants 1 and 2 was also fixed. An appeal, A. S. No. 86 of 1958 was taken by defendants 1 and 2 in the suit.

2. The first defendant the first appellant died on 25th April 1962. An application, C. M. P. No. 6359 of 1962 was then moved by the second defendant-second appellant in A. S. No. 86 of 1958. In that application, after stating that the appellant No.1 had died it was averred that the right to sue had survived to the second appellant. It was therefore prayed that the second appellant be allowed to proceed with the appeal, after the court recorded that the right to sue had survived to the second appellant. The court passed an order 'recorded' on 7th September 1962. On 15th October 1962 I set aside the decree of the trial