1. This matter arises in connection with a suit instituted on behalf of a minor member of a Hindu family for partition. The minor plaintiff died after the institution of suit but before the written statement was filed. The respondent before us who is the mother of the plaintiff applied to the first court to be brought on record and for permission to continue the suit as legal representative of the deceased plaintiff. That court held that no cause of action survived and refused the application of the respondent. On appeal however the District Judge set aside the order of the first court holding that the respondent was entitled to continue the suit as legal representative of the plaintiff. The contention before us on behalf of the defendants in the suit is that when the minor died whatever rights he had in the family property survived to the other members of the family as there was no partition. A rather interesting question was discussed before us as to whether an appeal lay to the District Judge from the order of the Court of the first instance but the learned Vakil for the respondent did not mean to persist in the objection as to whether the proper remedy of the defendants