A.K. Banerji, J.

1. This revision has been filed by one of the defendants against the judgment and order dated 8-10-1992 passed by the XIII Additional District Judge, Agra allowing a substitution application filed by the plaintiff-opposite party and permitting consequential amendment in the plaint.

2. Briefly stated the facts so far as relevant for the purposes of the present revision are that the plaintiff Murari Lal Singhal has filed a suit for partition of the properties in Suit, a declaration and for rendition of accounts together with other consequential reliefs The suit was filed against Babu Lal Singhal and others who are inters coming from their common ancestor Bihari Lal Modi. Bengali Mal Singhal, who was arrayed as defendant no. 2 in the Suit, died on 4-8-1989 during the pendency of the Suit. The sons of the deceased defendant were already on record of the Suit. On 15-1-1990 the defendant-applicant filed an application before the trial court stating that the defendant no. 2 had died on 4-8-1989 but no application for substituting his heirs was filed and, therefore, the Suit deserved to be abated against him After this application was filed the plaintiff on 29-1-1990