1. - This appeal is directed against the judgment dated October 28, 1970 of the learned Additional District Judge Shri Ganganagar under which he dismissed the appeal filed by the appellant on the ground that it is abated.

2. Vishvanath and Laxmi Narain filed a suit against the appellant in the court of learned Civil Judge Hanumangarh, in the suit For a declaration to the effect that the plaintiffs were jointly owners of the suit property and that the sale deed in favour of defendants Nos. 2 and 3 Parmanand and Kewal Ram by Nathu Ram defendant No. 1 does not affect the rights of the plaintiff was claimed. After the trial the learned Civil Judge, Hanumangarh under judgment and decree dated March 30, 1966 decreed the suit of the plaintiff for both the reliefs. An appeal was filed and when the appeal was pending in the court of District Judge, Ganganagar Vishna Nath one of the plaintiff respondent died on July 21, 1966. An application under Order 22 Rule 4.C.P.C. for bringing the legal representatives of Vishna Nath was filed on August 31, 1966 wherein it was mentioned that Vishna Nath has left one son behind Ram Swroop. That application was allowed but later on it appears that