JUDGMENT

Roy, J. - This is an application by the Defendant u/s 115 of the CPC to revise an order dated 8-12-1953 passed by the Civil Judge of Tehri by which he allowed the Plaintiff's appeal and decreed his suit for a sum of Rs. 400/ - against Smt. Thagni alias Thaguli, Defendant No. 1.

2. It appears that on 7-1-1944 a Khaikari deed was executed by Smt. Thagni in favour of Indramani in respect of land assessed to certain amount as revenue, and a sum of Rs. 400/ - paid as consideration of the deed. Indramani was the deceased father of the Plaintiff. One Narain Dutt was the co-sharer in the land on which the khaikari was created. He brought a suit for cancellation of the deed aforesaid in the court of the Civil Judge of Lansdowne. The suit was decreed ex-parte on 2-2-1948. Indramani's application to set aside the ex-parte decree was disallowed. Indramani then preferred an appeal against that order. By an order dated 4-5-1951 the learned Additional District Judge held that the appeal had abated as Indramani died during the pendency of the appeal and his legal representatives did not come forward within time to be substituted on the record. Narain Dutt put the decree into execution and o