P. K. MOHANTI, J.

( 1 ) THIS civil revision is directed against an order of the learned District Judge of mayurbhanj-Keonjhar allowing the prayer of the appellants in Title Appeal No. 5-M of 1975 for substitution in place of the deceased respondent and for setting aside abatement.

( 2 ) THE deceased Brundaban Behera as plaintiff filed Title Suit No. 73 of 1972 in the court of the Subordinate Judge, Bari-pada against the opposite parties for declaration of occupancy right over the land described in Schedule 'a' of the plaint and for confirmation of possession over the same.

( 3 ) THE State of Orissa represented by the Collector, Mayurbhanj was the defendant No. 1 and the Sarpanch of Pedagadi Grama Panchayat was the defendant No. 2 in the suit. They filed written statement contending, inter alia, that the suit land being communal in character, no occupancy right could be acquired over the same and that after abolition of the estate, the suit land vested in the State Government and was transferred to the Pedagadi Grama panchayat.

( 4 ) THE learned Subordinate Judge decreed the suit declaring that the plaintiff would have exclusive possession over the suit land so far as rearing an