Heard learned counsel for the parties.

2. The appellants are aggrieved against the impugned order dated 26-4-2005 by which the first appellate Court - Court of the Additional District Judge, Ratangarh (Chum) dismissed the appeal of the appellants as abated due to the death of defendant/ respondent Dal Chand as in regular first appeal. the plaintiff/ appellant did not choose to file any application for bringing on record the legal representatives of Dal Chand.

3. Brief facts of the case are that one of the defendants Khetu Lal took loan from another defendant Revat Mal. Said Revat Mal filed a suit for recovery of the money which was decreed by the trial Court as back as on 20-10-1965. Said Revat Mal submitted execution petition No. 46/67 for recovery of the said decretal amount of Rs. 609/- only and in the said execution, the house of judgment debtor Khetu Mal was auctioned for a consideration of Rs. 9.775/-. The reserve price was Rs. 5.000/- only. After the said auction, the present appellants - sons of judgment debtor Khetu Mal filed a suit for declaration that the suit property was ancestral property of Khetu Mal and. Therefore, he could not have mortgaged it to another cred