S. K. RAY, J.

( 1 ) THIS appeal is by defendant No, 2 from the order dated 17-7-1971 passed by the Subordinate Judge in the final decree proceedings whereby the application of one Hadibandhu Panda under Order 22, Rule 10, Civil P. C. to be impleaded as a party in that proceeding as the legal representative of the deceased plaintiff. Surivamoni Dibya, has been allowed on the basis of a deed of gift executed by the said Surjyamoni Dibya in his favour, after holding the said deed of gift to be valid and genuine. Equivalent Citation:

( 2 ) THE facts leading upto the present proceeding may now be briefly stated. Suriyamoni Dibya filed a partition suit (T. S. No. 84 of 1950) on 23-11-1950 against respondent No. 2 as defendant No. 1 and appellant as defendant No. 2. A preliminary decree was passed on 22-9-1951. An appeal from this decree was carried to this Court by Respondent No. 1 in F. A. No. 6 of 1952 which was ultimately dismissed. Thereafter. Surjyamoni started final decree proceeding. During its pendency, a joint petition was filed by the parties to drop that proceeding on the ground of amicable settlement of disputes between, them, This joint petition was dismissed on 28-7-1966.