JUDGMENT :- Special leave granted.

2. We heard Mr. Naunit Lal, learned counsel for the appellant and Mr. H.K. Puri, learned counsel for respondent No. 1. We are of the opinion that the High Court was clearly in error in holding that the appeal preferred by the present appellant had abated on account of the death of the judgment debtor, who was one of the respondents.

3. A few facts will immediately focus the attention on the question involved in this appeal.

4. The decree holder, respondent No. 1, Rameshwar, obtained a decree for Rs. 8,500/- plus interest against respondents Nos. 2, 3, & 4. One Bhikaji father of the appellant and respondents numbers 6 & 7 and husband of respondent No. 5 stood as surety for the judgment debtors. After the decree was put into execution certain objections were raised by the judgment-debtors which were overruled and a revision petition against the order failed. In the meantime a house of the judgment-debtors was attached. Subsequently, the execution was set in motion against, the surety Bhikaji and he raised certain objections. Pending the execution proceedings Bhikaji died and his heirs and legal representatives were substituted. They include appellant a