MOOTHAM, C.J. :- This is an application under S. 115 of the Code of Civil Procedure for the revision of an order of the learned first Civil Judge of Kanpur dated 3-3-1953.

2. The circumstances in which that order was made are these. A dispute arose between the partners of a firm carrying on business in Kanpur under the name of Hanuman Das Rup Kishore, and in 1947 a suit was filed against the present applicant and one Radha Kishan, since deceased, by the remaining partners for the recovery of a sum of a little over Rs. 2,71,000/-. Subsequently an application was made by the plaintiffs, and allowed by the Court, for the amendment of the plaint, and from the order an application in revision was filed in this Court.

While that application was pending one of the four plaintiffs, Raghubar Dayal, died on 28-5-1952, and on 5-11-1952, two applications were made by the widow and son of the deceased plaintiff. The first of these applications was for an order to set aside the abatement of the suit so far as the deceased plaintiff was concerned; the second was for the substitution of the widow and son as plaintiffs in the place of the deceased.

These applications, which were heard togethe