1. - This is a plaintiff's second appeal in a suit for declaration arid mandatory injunction.

2. It is not necessary to narrate the facts in detail Suffice it to say that the appellant Chhitarmal and respondent No. 3 Kanhiya Lal filed a suit is the court of Munsif, Laxmangarh (District Alwar) for declaration and mandatory injunction against Sheo Narain. One Bhagwan Sahai was also impleaded as proforma defendant. The learned Munsif dismissed the suit on 26th April, 1965. The plaintiff appellant preferred an appeal but the some was dismissed by the learned Senior Civil Judge Alwar on 7tb April, 1967. Hence this second appeal.

3. This case came up for hearing before this Court On. 15-10-1975. On that day Laxmi Narain son of defendant Sheo Narain moved an application that Sheo Narain had died about three years ago and since no legal representatives of Sheo Narain had died about three years ago and since no legal representatives of Sheo Narain were brought on record, the appeal was liable to be dismissed as having abated. Laxmi Narain subsequently filed on affidavit wherein he mentioned that his father Sheo Narain died in the month of July, 1971. On. 2510 75 an application for se