H.R. Krishnan, J.

1. In this application by one of the defendants the question is whether, in the circumstances of the present case, this defendant can be deemed adequately to represent the estate of the other, his father, who died during the pendency of the suit, "notwithstanding the non-impleading in time of his daughter, who is an heir under the Hindu Succession Act of 1956.

2. The facts of the case are the following. The non applicant brought a suit against the applicant and his father, Ram Gopal, for a sum of money as the price of goods delivered, and of money lent. Some preliminary objections were made, written statement was filed and issues were framed. Ram Gopal defendant No. 1 died on 22-1-1937 after the coming into force of the Hindu Succession Act of 1956; the legal representatives being the present applicant (already defendant No. 2) and the daughter Tribeni Bai No application for impleading her was made in time, nor any, under O. 22 R 9 for setting aside the abatement. An application for action under O. 22 R. 2 was made on 23-7-57. As a result, out of his two representatives one was already on record, and the other was not substituted. The applicant (defendant) cont