Reilly, J.

1. For the appellant here, Abdulla, the only contentions argued are (1) that, as he was brought on record in the Subordinate Judges Court out of time as the legal representative of defendant 13, the appeal in that Court .abated because all the legal representatives of defendant 13 were not on record in time and (2) that at least it abated as against Abdulla. The plaintiffs brought on record among others within time Khatissa Bibi as widow of defendant 13; and the Subordinate Judge has found that she was the legally married wife of defendant 13. There was therefore on record within time one proper legal representative of defendant 13. If the plaintiffs had done nothing more and had made no attempt to bring in Abdulla as legal representative of defendant 13, an effective decree could have been made against defendant 13s estate represented by Khatissa Bibi: see Kadir Mohideen Maracayar v. Muthukrishna Ayyar [1903] 26 Mad. 230. But later on, long out of time, they applied for the addition of Abdulla as an other legal representative of defendant 13 on the ground that he was asserting that he was such. The learned Subordinate Judge on 23rd March 1925 dismissed the plaint