1. This case raises a problem for which I am afraid I am unable to find a really satisfactory solution. It is the problem of the legal representative of a deceased defendant who, on coming on record, wishes to assert an independent title of his own to the property in suit. The orthodox view is that he cannot be allowed to do so and must bring a separate suit (though, perhaps, he may if the original defendant has not laid claim to the property, since a defence of jus tertii would have been a defence open to him) because, under Order XXII R.4 (2), the defence he is permitted to take is restricted to a defence appropriate to his character as legal representative of the deceased defendant, although, why he should be driven to a separate suit when he wishes to have the matter decided in a suit to which he is already a party, and why he should be put to the disadvantage of having to figure as a plaintiff in a subsequent suit by the accident of his being the legal representative of the defendant in the suit already brought, is more than I can see. Nor am I so sure and I say this with great respect to the decisions in Lloyds Bank Ltd. V. Behmat Bibi (AIR. 1939 Lahore 178) and D