Alfred Henry Lionel Leach, C.J.

1. The appellant financed an appeal filed by one Avudayappa Pillai in a suit which Avudayappa Pillai had instituted to recover a half share in certain immovable properties situated in Tinnevelly which he claimed formed part of the joint family estate. It was held that the properties in suit were the separate properties of Baliah Pillai, the deceased brother of Avudayappa Pillai. The suit was dismissed by the trial Judge, the Subordinate Judge of Tinnevelly, and an appeal was filed to the District Court. During its pendency Avudayappa Pillai died and the appellant in this Letters Patent Appeal applied to be brought on the record in his place under the provisions of Order 22, Rule 10 of the Code of Civil Procedure. He claimed that he had acquired a half of Avudayappa Pillais interest in the suit.properties by virtue of a deed dated the 12th of February, 1934. The District Judge allowed the application, but on an appeal to this Court his decision was overruled by Abdur Rahman, J., from whose judgment this Letters Patent Appeal has been filed. The learned Judge,held that the document on which the appellant relied did not operate to give him a pres