Seshagiri Aiyar, J.

1. O.S. No. 369 of 1905 was instituted by a next friend of the petitioner who was then a minor. Sometime after, the next friend died on the 25th October 1906 the Munsif declared that the suit abated in consequence of his death. On attaining majority, the petitioner moved in 1912 to set aside this order of abatement. The petition was dismissed on the ground that it was bound by limitation. The present suit was instituted for the same reliefs as those prayed for in O.S. No. 369 of 1905. The Subordinate Judge dismissed this suit on the ground that the order of abatement precluded the filing of a fresh suit. This petition is against that decision.

2. There can be no doubt that the order directing the suit to abate was illegal. There is no provision of law which enables a Court on the death of the next friend to dismiss the suit. It was the duty of the Court to see that a new friend was appointed or to allow the suit to be pending till the minor attained majority. The order of the 25th October 1906 was a nullity and can have no effect upon the rights of the plaintiff. The Subordinate Judge is therefore wrong in holding that that order precluded the filing of th