JUDGMENT :

Misra, J. - Muralidhar Sahu (Defendant No. 16) died on 27th of June, 1964. On 16th of February, 1965; Plaintiff filed an application for substitution of his widow Raoutani Bewa and one Gopinath Sahu as the only heirs. The date of death was given as 24-7-1964. The finding of the learned Subordinate Judge is that this is not the correct date of death. The real date of death is 27-6-1964. It is not disputed that notice of the application for substitution was not issued to the legal representatives of the deceased. On 11th of March, 1965 the learned Sub-Judge passed an order allowing substitution of the widow and the son as Defendants Nos. 16 and 16.80 respectively. On 13th May, 1965, these two legal representatives filed objection regarding the date of death and also stating that there .was minor daughter of the deceased who had not been substituted. On 29th June, 1965 Plaintiff filed another application for substitution of the daughter. The matter was ultimately beard and the learned Subordinate Judge passed an order on 9-9-1965 allowing the daughter to be impleaded and rejecting the application of the legal representatives that the substitution should not have been allowed