Pandrang Row, J.

1. This is an appeal from the decree of the Subordinate judge of Ottapalam dated the 23rd August, 1935, which dismissed the suit originally instituted by one Bhavatharathan Nambudripad for partition of his share in the property of his illom. He instituted the suit on 20th February, 1934. He executed a registered will seven days later leaving all his property including his share in his illom property to his Nair wife and children. He died on 2nd July, 1935. The Nair wife and children applied to be brought on record as the legal representatives of the deceased plaintiff, claiming to come in as such under the registered will and also as the heirs of the deceased plaintiff under the Marumakkathayam law. That application was dismissed, the Subordinate Judge holding that the right to sue did not survive as there was no severance of status by the mere filing of the suit and that as there was no severance of status, there was nothing to which the legal representatives could lay claim. Not only was the application dismissed but the suit was also dismissed on the ground that the right to sue did not survive, as the sole plaintiff had died. In other words, the learned