V. BHARGAVA, J. : This special appeal has come up before this Full Bench under the following circumstances. The appellants filed a suit against three persons, namely, Data Ram, Chhuttan and Babu Lal for possession of the properties mentioned in the plaint and for mesne profits on the allegation that they had taken wrongful possession of the properties and were trespassers. During the trial of the suit, Data Ram remained absent and the suit proceeded ex parte against him. It was contested by the other defendants. Evidence of parties was recorded and argument of parties were heard on 29th March, 1950, and 19th of April, 1950 was fixed for delivery of judgment. On 19th of April, 1960 the trial Judge felt that fresh arguments were necessary and, consequently, he fixed 20th July, 1950 for further arguments. Admittedly, during this interval Data Ram defendant died on the 31st of May, 1950. No steps were taken regarding his legal representatives being brought on the record until subsequently in the month of September when an application was made by the living defendants Chhuttan and Babu Lal informing the court that Data Ram had died on 31st May, 1950 and requesting the court to