Anantakrishna Ayyar, J.

1. The plaintiff filed the suit to recover money due for certain instalments of interest which had accrued due under a mortgage bond executed in favour of the plaintiff. The plea of the contesting defendant 3 was that there was a part payment made by him which had not been given credit to by the plaintiff. The first Court found against that plea and he has preferred an appeal to the lower appellate Court to which he had made as party respondents the plaintiff in whose favour the decree had been passed as also the other defendants 1, 2 and 4. The appeal came on for hearing on 29th September 1925 and judgment was pronounced on 12th day of October 1925. But on 21st September 1925, plaintiff-respondent 1 had died. That fact was not known either to the learned vakil for the appellant or to the vakil who had been engaged by the deceased plaintiff-respondent. 1. The hearing of the appeal proceeded with the result that the learned District Judge confirmed the decision of the first Court on the merits and dismissed the appeal with costs. Defendant 3 has preferred this second appeal and he has brought on record as party respondent to this second appeal in addit