JUDGMENT: The plaintiff is the appellant. He filed the suit for a declaration of his title to, and recovery of possession of, the suit properties. These properties were conveyed by his deceased brother to defendants 1 to 4 who are members of a joint Hindu family, defendants 1 to 3 being brothers and defendant 4 being their nephew. The sale deed was dated 22-1-49. The trial Court decreed the suit, but on appeal the suit was dismissed. Against that the plaintiff filed this Second Appeal.

During the pendency of this appeal, respondent No. 3, one of the joint brothers, died and his legal representatives were not brought on record in time. An application was filed after the time to substitute the legal representatives of the deceased respondent No. 3 along with a petition for condoning the delay in filing the application. By an order dated 17-9-57 the said petitions were rejected and an order was passed that the appeal abated as against the deceased respondent No.3.

2. Mr. Chatterji, the learned counsel for the respondents takes a preliminary objection that in view of the appeal having abated against respondent No. 3, the entire appeal abated in toto against all the respondents. He conten