JUDGMENT :- This first appeal from order is directed against the order passed by the lower appellate court rejecting an application whereby the present appellant sought leave of the said court to be brought on record as appellant no. 2 in the appeal which was pending in the said court. The brief facts involved in the appeal are these:

One Bindeshwari Singh filed Suit No. 33 of 1968 in the Court of the Civil Judge. He was the sole plaintiff in the suit and it seems that he impugned certain gift deeds. The suit was dismissed and an appeal was filed in the lower appellate court. Bindeshweri Singh was the appellant and the defendants were impleaded as respondents. During the pendency of the said appeal, Bindeshwari Singh died and his son Musafir Singh moved an application for being substituted in the place of the deceased appellant. That application was allowed and Musafir Singh was brought on record in the place of the deceased appellant.

2. The present appellant before me, Amir Singh, applied in the lower appellate court for being impleaded as appellant No. 2. In support of his application which purposed to be under O. 22 R. 10 read with S. 151 C.P.C., he filed an affidavit. He relied

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