1. This appeal is directed against the decree and judgment passed by the learned Additional District Judge, Kangra on 31-8-1970, dismissing the appeal, on the solitary ground of the same having abated in its entirety.

2. Necessary facts relevant to decide this point may be stated. The respondent/ plaintiff filed a suit for the possession of land in suit which was decreed in his favour and against the appellants/defendants. An appeal was preferred against the decree and judgment passed by the trial Court. Chand, one of the appellants, during the pendency of the appeal died and his legal representatives were not brought on record within limitation. Accordingly, the learned Additional District Judge dismissed the appeal as having abated in its entirety. Aggrieved by the said judgment and decree, the appellants have preferred this appeal.

3. It is contended by the learned counsel for the appellants that the appeal has abated qua Chand alone and not against the present appellants. The learned counsel has placed reliance on a Full Bench judgment in Sant Singh v. Gulab Singh AIR 1928 Lah 572. The question of law, which was referred to a Full Bench, has been illustrated as follows :