1. The appellant Balbhadra died on 23-6-1950. An application was made on 8-11-1951 by his sons under Order 22, Rule 10, read with Order 1, rule 10 and Sections 146, 151 and 153 of the Civil Procedure Code, for removal of the name of Balbhadra and substitution of the name of his eldest son on the ground that he is the manager of the joint family on the death of the father.

2. The plaintiff-respondent had instituted the suit, out of which this appeal arises, for the price of goods supplied, against the shop "Bhai Ganeshram Balbhadra" and against Balbhadra as manager of the joint Hindu family and its business. Neither the joint family as such nor the name in which the joint family carried on business could be sued. The suit in substance was that Balbhadra who dealt with the plaintiff could by his acts bind the family as he was the manager of the joint family and its business. The appeal is in substance though not in form by Balbhadra as manager representing the family. He disputed the liability for the alleged transactions.

3. Under Order 22, Rule 3, read with Rule 11, when a sole appellant dies and the right to sue survives, the Court on an application made in that behalf shall