Devadoss, J.

1. Defendants 1 and 2 are the appellants. The suit is on a mortgage against defendants 1 and 2, the mortgagors and other defendants. The Subordinate Judge has given a decree for the full amount in favour of respondents 1 and 2. The mortgagee was the father of plaintiffs 2 and 3 who died pending the suit. Plaintiffs 2 and 3 sought to be made legal representatives on the ground that they and their father were undivided and defendant 5 their brother was divided from his father. Notice of this was given to defendant 5 who was already a party to the suit as he had acquired some right under. Ex. II. He did not contest the application though he appeared by a vakil Plaintiffs 2 and 3 were made legal representatives of plaintiff 1 and they proceeded with the suit. The District Munsif gave a decree for two-thirds of the mortgage amount. On appeal the Subordinate Judge has given a decree for the full amount.

2. Two points are raised before me by Mr. Bhashyam for the appellant. The first point is that the suit has abated as regards the defendant 5s share. It is difficult to appreciate this contention. Under Order 22, R. 3, the legal representatives of a deceased plaintiff or