(1.) The appellant claims to be the legal representative of the plaintiff, who obtained a preliminary decree in a mortgage suit in O.S. No. 97 of 1912.
(2.) The plaintiff admittedly had died before this appellant applied on November 29th, 1915 to be recognised as the heir of the plaintiff and to get a final decree passed.
(3.) His application was dismissed on February 9 1916 on account of his absence.