ORDER :- This is a defendants revision against the order of the learned 1st Additional District Judge, Allahabad ordering for her appeal to be abated as a whole.

2. The material facts giving rise to this revision are that the applicant filed a First Appeal in this Court against the plaintiffs including one Banwari Lal who figured as a respondent. During the pendency of the appeal in this Court, Banwari Lal died. On the 9th of July. 1962 application No. 35A was moved by the applicant mentioning that Banwari Lal had died in the first week of April, 1962 and praying for substitution of his widow in his place. The application was supported by an affidavit. Notice was served on the respondents in the appeal and objection was filed on the 15th of July, 1963 in the form of an affidavit stating that the appeal had abated since Banwari Lal had died on the 5th of February, 1962. Along with the affidavit, a certificate of the Pradhan of the Gaon Sabha concerned was also filed showing that. Banwari Lal had died on the 5th of February, 1962 and not in the first week of April, 1962 as claimed by the applicant. It was on the 9th of July, 1962 that this Court had re-opened after the summer vacatio

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