S.K. MAL LODHA, J.—A learned Single Judge of this Court was of the view that the observations made by a Division Bench of this Court in Fakira vs. Board of Revenue (1) to the effect that it is well setled that in a case where one of the legal representatives of the deceased appellant or respondent is already on record, even though in another capacity, the proceedings will not abate simply because the other legal representatives are there and an application has not been made in time to bring them on the record, appear to be contrary to what was observed by a learned single Judge of this Court in Bhanwarlal vs. Bhuli(2). He has, therefore, referred the following question for determination;

"Whether in the facts and circumstances of the case, the appeals abate as against the deceased-respondent Phooli Bai and if so, whether the appeals can be proceeded in the absence of Smt. Lehri Bai, daughter of the deceased Phooli Bai ?"

These two appeals are before us for answering the above question.

2. It may be stated here that S.B. Civil Second Appeals No. 203 of 1969 and 205 of 1969 arose out of Civil Original Suits No, 44 of 1964 and 45 of 1964. Civil Original Suit No. 44 of 1964 was instituted

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