JUDGMENT

Raghubar Dayal, J. - Dwarka, the Plaintiff, entered into an agreement for sale of two houses with Defendant No. 1 on the 17th of May, 1944, and paid certain amount as earnest money. On the 25th of May, 1944, Defendant No. 1, however, told the houses to Raghunath and Jagarnath, Defendants Nos. 2 and 3 respectively. Dwarka, therefore, instituted the present suit for specific performance of the con tract of sale by Defendant No 1 and the subsequent vendees, Defendants Nos. 2 and 3.

2. Defendant No. 1 did not contest the suit. He died during the pendency of the suit and his widow Smt. Punni was substituted in his place. Defendants Nos. 2 and 3 contested the suit. The trial court dismissed the suit. On appeal by the Plaintiff the suit was decreed. Against the appellate decree Raghunath and Jagarnath filed this second appeal.

3. During the pendency of the appeal Smt. Punni died. An application for substituting her legal representative was filed beyond the prescribed time and was rejected.

4. Jagarnath, one of the Appellants, also died and his legal representatives have also not been brought on the record.

5. It is clear, therefore, that Jagarnath's appeal against the decree abates an