Kumaraswamy Sastri, J.

1. This petition arises out of an application made by the legal representative of the deceased plaintiff to amend the plaint as originally filed. The suit was filed by the Rajah of Kalahasti against the defendants on a mortgage executed by him. As the Rajah of Kalahasti before he succeeded to the Zamindari had lent a lakh of rupees to the previous Rajah, on the mortgage of certain villages, he filed a suit in two capacities. He described himself as the 1st plaintiff in his individual capacity and as the 2nd plaintiff in his capacity as the Rajah of Kalahasti. As the transaction according to him took the form of an absolute sale deed with a promise to reconvey and as only a sum of Rs. 84,000 out of the consideration was admitted by him, the reliefs he claimed were a decree for redemption after payment of Rs. 84,000 and for possession or in the alternative, if the transaction be held to be a sale and not a mortgage, for the recovery of Rs. 2,79,045 or such other sum as may be found by the Court to be due as unpaid purchase money. Various defences were put in which it is unnecessary to consider for the purpose of this petition.

2. The plaintiff died pendin