Curgenven, J.

1. The appeal arises out of execution proceedings taken in a suit filed to recover some property from a number of defendants. We are here concerned with ninth defendant. With the others he contested the suit and it was dismissed with costs. The plantiff appealed to the High Court, ninth defendant being impleaded as eighth respondent. On 2nd May, 1926, he was served with notice of the appeal but he failed to comply with the terms of the notice by entering an appearance within the 30 days allowed. The appeal was disposed of in December, 1930, and sometime in June, 1927, while it was pending, the eighth respondent died. After his death three petitions were filed by the appellant in the appeal, (1) to excuse the delay which had occurred, (2) to set aside the abatement of the appeal, and bring on the legal representative of the eighth respondent, namely the present first appellant, as tenth respondent and (3) to appoint his mother as his guardian, he being a minor. In disposing of these petitions the learned Judges, Phillips and Devadoss, JJ., passed an order in these terms:

Under Order 22, Rule 4, Civil Procedure Code, no legal representative need be impleaded. The