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 defendant 9. With the others he contested the suit and it was dismissed with costs. The plaintiff appealed to the High Court, defendant 9 being impleaded as respondent 8. 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, 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 representatives of respondent 8, namely the present appellant 1, as respondents 10, 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 P.C., no legal representatives need be impleaded. The petitions-are dismissed.

2. The appeal was heard