SOHAN NATH MODI, J.

( 1 ) ASHARAFILAL deceased and Narainlal filed a suit in the Court of Civil Judge. Bundi, against Durgalal, his sons Hiralal and Bhuvaneshwar and one Gapallal for redemption of mortgage of certain immovable property on payment of Rs. 3,280/and, in the alternative, for the possession of the property. The learned Civil Judge by his judgment D/- 16-5-1962 passed a preliminary decree for redemption of mortgage in favour of the plaintiffs on deposit of Rs. 3,280/-in Court within a month from the date of the preliminary decree. Aggrieved by the said decree, the defendants Durga-lal and his sons preferred an appeal in the Court of the District judge. Kotah. During the pendency of the appeal, plaintiff Asharafilal died on 6-41966. The defendants on 19-4-1966 moved an application along with the postcard which they had received from the two sons of Asharafilal intimating the date of Ashara-filals death. It was mentioned in the application that Asharafilal had died on 6-4-1966 and the defendant-appellants be given lime for finding out the legal representatives of the deceased and to take steps for their substitution. The learned District Judge on that application