G. K. MISRA, J.

( 1 ) LATE Rai Bahadur Bhuyan Bhaskar Mohapatra died on 22-6-1938. Plaintiff luximani was his first wife. Defendants are his sons and step-sons of the plaintiff. Plaintiff filed Original Suit No. 16 of 1959 on 21-3-1959 in the Court of the subordinate Judge, Balasore, for partition of properties left by her husband. She died on 3-10- 1961. The petitioner filed an application on 2-1-1962 for being substituted in her place on the allegation that he was adopted by her on 14-41958 and that on 16-7-1958 she executed a registered deed of adoption (Ex. 1)which was signed by her and his natural father. The learned Subordinate Judge dismissed this application on 28-7-1962. On 30-8-1962 the defendants filed an application for dismissing the suit as it had already abated. On the very day the learned Subordinate Judge passed an order to the effect :

"defendant files a petition praying tnat the plaintiff died on 3-10-61 and one Bishnu Mohan Naik filed a petition for substitution of his own minor son Radha Mohan Naik (which ?) has been rejected on 28-7-1962. So they pray that orders be passed for dismissing the suit. The suit has abated. "

The Civil Revision is directed against t