This is plaintiff's revision. Plaintiff filed a suit for the recovery of mortgage money against Ganpatrao defendant. Ganpatrao filed written statement on 28-10-1950, wherein he admitted the claim except for compound interest and costs. During the pendency of the suit Ganpatrao died. His legal representatives Bhalchandrarao, Madhavrao and Sadashivrao were brought on the record. They filed written statements on 10-5-1951 and took several pleas. Plaintiff filed an application dated 24-5-51 and objected to some of the pleas taken by the legal representatives. This objection was overruled by the trial court. Hence the plaintiff has filed this revision.

2. The trial court in dismissing the application of the plaintiff has made the following observations :

"Vakil vadine - AIR 1924 Mad 245; - AIR 1921 Cal 343 ityadi ka hawala deeya hai, jinme karar deeya hai ki: 'Legal representatives cannot plead contrary to what deceased has pleaded'. Kayam mukaman is mamle me koi bat 'contrary plead' nahi keeya hai balki sabika jabab dave ke alawa jaweed majeed ujarat kiye hai jo sabika daweke 'contrary' nahi hai. Pus najayaj gair mutaalik hai, aur darkhwast na manjoor kee jati hai."

Application of