Happell, J.

1. The petitioner was the second defendant in a suit brought for; a: declaration of title in respect of certain properties and a direction that the defendants should execute a deed of conveyance in favour of the plaintiff. The second defendant (the present petitioner) was the brother of the first defendant and the plaintiff was their sister. She filed the suit on 2nd December, 1941, on the footing that the previous sale of the property to the defendants was nominal and that the norminal character of the sale had been recognised in agreements executed between herself and her brothers. As already stated the suit was instituted on 2nd December, 1941 but on 24th December, 1941, the plaintiff died. On 4th December, 1941, she had executed a will in favour of the second defendant and he consequently filed two applications; one on 16th February, 1942, and the other on 20th March, 1942, the first to be brought on record as the legal representative of the plaintiff and the second for transposing him as, plaintiff under Order 1, Rule 10. Both these applications were dismissed by the learned District Munsiff of Bapatla and following on the dismissul of the applications the s