S. BARMAN, J.

( 1 ) DEFENDANT No. 1 is the petitioner in this Civil Revision directed, against an order of the learned Munsif Barharh, whereby he allowed the plain-tiff's application for reopening and re-hearing of the suit, after bringing on record the legal representatives of the deceased defendant No. 3 in the suit, on the facts and in the circumstances hereinafter stated.

( 2 ) THE plaintiff filed a suit for partition being Title Suit No. 23 of 1956. The plaintiff is the widow of the first brother of a family consisting of the plaintiff's husband and three other brothers. The said three other brothers were made defendants in the suit. On September 19, 1957 a preliminary decree was passed in the said partition suit. On March 13, 1958 the plaintiff filed an application for final decree, on notice to all the defendants. On March 28, 1959, the peon's report revealed that defendant No. 3 had died on September 16, 1956, that is to say, about a year before the preliminary decree was passed on September 19, 1957 as aforesaid. On April 16, 1959 the plaintiff filed an application for substitution. On September 8, 1959 the plaintiff's application for final decree was dismissed on the gr