Dawson Miller, C.J:— In this case the plaintiffs, who are members of a joint family obtained a decree in a mortgage suit against the defendants before the Subordinate Judge of Muzafferpur. The defendant Daroga Singh has instituted the present appeal and some of the respondents win were the plaintiffs in the suit have died pending the appeal. Raghunandan Singh, who was apparently the karta of the family and the respondent No. 1, died on the 28th September, 1923. Nothing turns upon that because his interest would devolve upon the other members of the family by survjvorship. Jagdeo Singh, his son, died on the 28th July, 1923, leaving two minor sons Kalika Prasad Singh and Chandrika Prasad Singh. Although Jagdeo died on the 28th July, 1923, no steps were taken to bring his sons on the record, who certainly were interested in the decree obtained on behalf of their father as one of the members of the joint family.
2. No application even has been made for setting aside the abatement although it must have been known long ago that Jagdeo Singh was in fact dead and had two sons surviving him. As this is a mortgage suit and the plaintiffs are all jointly interested in the decree it seems to us that it is a case in which the whole, appeal abates as all the parties are not brought upon the record. No authority has been called to our attention by the learned Yakil for the appellants and it seems to us that this appeal abates and ought to be dismissed. The respondents are entitled to their costs against the appellant.
3. Macpherson, J.:— I agree.
4. Appeal dismissed.