1. A suit for recovery of Rs. 2,500/- was instituted against the appellant way back in 1968. During the trial, one of the Plaintiffs-Battu Mal died in on about 8-6-1972. His two sons the other two plaintiffs, were on record and no further steps were taken by them to bring other legal representatives on record. The trial court vide order dated 12-7-1972 directed removal of deceased plaintiff from index and allowed the other two plaintiffs to continue the suit. The court decreed the suit on 17- -1974. In appeal, learned District Judge, Kathua remanded the suit to trial court to find out whether it had abated in terms of order XXII (3) of CPC, Upon this, plaintiffs filed an application on 20th May, 1976 for substitution as legal representatives and on a fresh consideration of the matter, the court held the suit to have abated as a whole after concluding that right to sue of surviving plaintiffs did not survive. Plaintiffs went in appeal against the District Judge reversed the judgment holding that right to sue of the other two plaintiffs had survived in the facts and circumstances of the case and directed the trial court to depose of the suit on merit. Hence, this appeal by appellant-

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