JUDGMENT

Misra and Kaul, JJ. - This application for revision of an order passed by the learned Civil Judge, Fyzabad, on the 28th of August, 1944, arises on the following facts :

A suit was instituted by Jagdamba Prasad Singh, opposite party No, 1 against Sri Bhagwan Singh for possession of a half share in taluja Tigara in Fyzabad district. The property appears to have been claimed by Jagdamba Prasad Singh for himself and his brother Sarda Prasad Singh who was impleaded as defendant No- 2. The suit had reached a stage when evidence for plaintiff was being recorded; but as Sri Bhagwan Singh died on the 5th of April, 1944, Jagdamba Prasad Singh made an application purporting to be under Order 22 rule 4 of the CPC on the 24th of April, 1944, for bringing-Sri Bhagwan" Singh's widow and Mst. Sheel Kumari on record as his legal representatives. It was alleged in this application that Sri Baagwaa Singh died leaving his widow, Thakurain Dhanraji Kunwar and a daughter that Dhanraji Kunwar succeeded to the taluqdari property under the Oudh Estates Act, but so far as the non- taluqdari property was concerned, the widow and daughter being excluded from succession to it, the applicant (Jagdamba Pr