C. R. Thakur, J.:- In this appeal a preliminary objection has been raised by the learned counsel for the respondent No. 1 that Shamsher Singh, respondent No.2 had died some two three years back and that the appellant had failed to bring his legal representatives on the record in time and, therefore, according to the learned counsel for the respon­dent No.1 the decree being a joint de­cree and the necessary party not brought on the record, the appeal abates as a whole. Learned counsel for the appellant contends that in fact the preliminary de­cree in the suit was passed only against the present appellant. Sh. Shamsher Singh had pleaded that he had rendered accounts to defendant No.1 and further that the issues also show that only de­fendant No.1 was liable to render ac­counts and as such on the death of Sh. Shamsher Singh, the appeal did not abate as a whole.

2. In order to appreciate the conten­tion of the parties, it would be proper to give the narration of the facts:

3. Shrimati Rani Raj Devi, plaintiff had appointed the appellant as also Shamsher Singh (since deceased) as her general-attorneys by a registered deed, dated 29-12-1949 to prosecute suits, to effect recoveries