JUDGMENT

Niamatullah, J. - This is an application for revision directed against two orders passed by the Subordinate Judge of Cawnpore in a suit pending before him and brought by the plaintiff applicant. The suit was brought for enforcement of a mortgage, executed by the 1st defendant, in favour of the plaintiff-applicant on 16th May 1914. Part of the mortgaged property was subsequently sold to Mt. Brij Rani, who died sometime before the institution of the suit. In ignorance of that fact the plaintiff-applicant impleaded the original mortgagor, his son and his assignee in respect of part of the mortgaged property, namely, Mt. Brij Rani. It was subsequently discovered that Mt. Brij Rani had died before the institution of the suit. The plaintiff then applied for removal of the name of Mt. Brij Rani from the array of parties and substituting therefore the names of her two sons, The learned Subordinate Judge dismissed this application by an order of 8th August 1932, holding that the suit had been instituted against a dead person and was therefore, no suit in law. He also held that, in so far as Mt. Brij Rani had died before the institution of the suit, no question of substitution could