Short Note : 1. The suit lands were sold by the plaintiff-appellant in favour of the defendants Nago and Babu by a sale deed dated 20th January 1967. This sale deed was impeached by the plaintiff on the ground of fraud, misrepresentation and undue influence. The finding on the question of validity of the sale deed went against the plaintiff in the first appellate Court. In this second appeal which was filed by the plaintiff. Nago and Babu were both joined as respondents. The plaintiff made an application on 18th April 1973, that Nago died during the pendency of the appeal in March 1972 unmarried and leaving no heir except his brother Babu (defendant-respondent No.2). In this application it was prayed that Nago's name be struck of from the array of respondents. In reply to the application, it was submitted by the defendant-respondent No.2 Habn that Nago died on 29th December 1971 leaving his son Bhaiyya Lal as his heir and legal representative and that the appeal had abated not only against Nago but as a whole. 2. Held: As no application was made for impleading Bhaiyyalal as a legal representative of Nago, the appeal abated against Nago. The question then is whether the appeal abated as a whole. It would be seen that the sale deed impeached in the suit does not define the shares of Nago and Babu. As a result of the decree passed by the first appellate Court which has become final so far as Nago is concerned, it has to be held that the sale deed was valid in so far as Nago's interest is concerned. If the appeal is proceeded with and heard against Babu in the absence of the legal representative of Nago, it is likely to result in a contradictory decree in respect of the same sale deed. The decree passed by the first appellate Court in favour of the defendants is joint and indivisible decree without specifying the interest of Nago and Babu. In the circumstances, the omission to joint the legal representative of Nago in the appeal not only makes the appeal incompetent against Nago but also against Babu and in the absence of the legal representative of Nago the appeal cannot at all be heard. The result, therefore, is that the appeal becomes incompetent. Appeal dismissed.