1. This Civil Revision Petition has arisen in a suit for specific performance of a contract for sale of landed property, 16 acres odd in extent, belonging to the Hindu coparcenary of defendants 1 to 3. The suit was contested by the 1st defendant. On December 26,1957, the 2nd defendant died intestate, leaving behind a widow, two daughters and two sons. As none had been impleaded as his legal representative, the 1st defendant on December 10, 1960, filed C. M. P. No. 4514 of 1960 for a declaration that the entire suit had abated, and a copy of that petition was given to counsel for the plaintiff. The same day, the plaintiff filed C. M. P. No. 4516 of 1960 stating that, though the case stood adjourned to that day for impleading the legal representatives of the 2nd defendant, it was not necessary to implead any in place of the deceased as he was only a pro forma party and the 1st defendant was competent to represent the entire family in the suit. Those two petitions were disposed of by the Subordinate Judge by a common order accepting the plaintiff's plea. The 1st defendant seeks revision of that order. When the C. R. P. came before a Single judge it was adjourned to be hear