Wanchoo, C.J.—The question in this case is whether the appeal has abated.

2. We might narrate the facts briefly to understand the point involved. The appeal was pending in this Court, and Motilal was one of the respondents, He died on the 26th of September, 1953 for bringing his legal respresentatives on record. In this application, the names of Mohanlal and Purshottam Das, his minor sons, alone were mentioned, and it was prayed that they be brought on record under the gurdianship of their mother. While processes were being issued in this connedtion, an application was made on the 7th of March, 1954, by the appellant praying that some lawyer be appointed guardian of the minors as the mother was apparently not agreeable to act as guardian. In this application, a third son, namely Mohan Lal and Purshottam Das were mentioned. This fact was noticed, and the counsel was asked to explain how the name of another son was being mentioned in this application. Thereupon, the counsel explained that Motilal had left one more son Ratanlal who was younger than Purshottam Das and Mohanlal, and that be should also be made a legal representative of Motilal. It was then pointed out by the office that

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