Code of Civil Procedure, 1908–Order 22, Rules 1, 2, 4 & 11–Partition proceedings–Appeal –Application for substitution of LRs. of defendant no. 2 was not filed–It is not the case where the estate of the deceased-defendant no. 2 passed on the remaining parties by survivorship or otherwise–Provisions of Order 22, Rule 2 cannot be made applicable–Deceased-defendant no. 2 was respondent no. 3 in the appeal filed by defendant nos. 16 to 18 and after the abatement of appeal qua the deceased-defendant, the appeal could not have been proceeded against the surviving plaintiffs i.e., the plaintiff and defendant nos. 1 & 3.
