( 1 ) THIS second appeal by the plaintiff has been referred to a Bench because of certain conflict of decisions of this Court. The suit was one for possession over certain zamindari property in two villages Krishnagarhpur and Bhulaipur. The property originally belonged to one Ram Samujh. On 20th September 1938, Ram Samujh executed a deed of gift in regard to this property in favour of the defendants. Ram Samujh later on instituted a suit for the cancellation of the deed of gift on the ground that it had been obtained by fraud. The suit was decreed by the trial Court. The first appellate Court reversed that decree and dismissed tihe suit. Against that decision second Appeal No. 79 of 1941 had been preferred in the Chief Court of Oudh at Lucknow. During the pendency of the Second Appeal Ram Samujh died. A question arose as to who should be substituted in his place as representative in order to continue the appeal. Ram Kalap Pande, the present plaintiff came forward as legal representative and he set up a will alleged to have been executed in his favour by Ram Samujh on 18th August 1944,. e. only 9 days before the death of Ram Samujh. In the proceedings under Order 22, R