JUDGMENT

Harries and Rachhpal Singh, JJ. - This is a Plaintiff's first appeal arising out of a suit to recover a sum of money.

In order to understand the case, it is necessary to set forth the facts of the case at some length.

2. The following pedigree will show the relationship between the parties:

In 1889, Munshi Gotal Rai died. He left a widow, Mst. Rani Chandra Kunwar who succeeded to the estate of her deceased husband as a Hindu widow.

3. Ganpat Rai, Plaintiff alleges that in 1897 he was taken in adoption by Mst. Rani Chandra Kunwar in accordance with the permission given by her deceased husband.

4. On the 14th September, 1920, Ganpat Rai instituted regular suit No. 170 of 1920 in the Court of the second Additional Subordinate Judge of Aligarh against Pabu Lal shown in the pedigree. In this suit, Mst. Rani Chandra Kunwar was a so made a party. The suit was for declaration of his rights and for issue of an injunction against Babu Lal restraining him from dealirg in any manner with the properties specified in the plaint.

5. It appears that Mst. Rani Chandra Kunwar dyed a day after the institution of the above mentioned suit which was continued by Ganpat Rai Plaintiff against the other