Judgment. - The relationship between the parties will appear from the following pedigree:

2. This appeal has arisen out of a suit instituted by Dharam Deo Singh on 24-2-1947, against Sm. Shyam Rathi, and against his grandfather, Timal Singh, and his uncle Nandan, for the possession of the property conveyed by a deed of gift, executed by Timal Singh and Nandan in favour of Sm. Shyam Rathi. The plaintiff alleged that the property conveyed by the deed of gift was joint family property, which the donors had no right to transfer. He prayed that he might be put in joint possession of the property along with his grandfather, Timal Singh, and his uncle, Nandan. Timal Singh and Nandan were thus arrayed as pro forma defendants, the relief having been claimed only against Sm. Shyam Rathi, who alone contested the suit,

3. Timal Singh died on 11-7-1947. The plaintiff thereupon made an application on 11-8-1947, to the Court alleging that he and Nandan alone were the legal representatives of the deceased and that they were already parties to the suit, and praying that Timal Singhs name be struck off the array of defendants. 28-10-1947, was fixed for orders upon this application and no obj