Judgment

MAHAJAN J. : This appeal is before us on a certificate granted by the High Court of Judicature at Allahabad under S. l10 Civil P. C. and the only point it raises is whether the appeal preferred by the appellant to the High Court was imperfectly constituted inasmuch as all the creditors were not impleaded as parties to that appeal.

2. The facts are that on 28-10-1936 Rama Krishna Narain and others submitted an application under S. 4. U P. Encumbered Estates Act, 1934 to the sub-divisional officer, Tilhar, Shahjahanpur, proving that the provisions of the said Act be applied to them. This application was eventually transferred by the sub-divisional officer to the court of the special judge, first grade, Shahjahanpur. The landlords on 26-8-1938 submitted a written statement to the special judge under S. 8 of the Act and therein stated inter alia that they had a proprietary interest to the extent of ten annas share in 52 items of taluqdari Villages which formed part of taluka Bharawan. A notice of this application was published as required by S. 11(1) of the Act in the U. P. Gazette dated 13-5-1939.

On 30-11-1939, Raja Dev Singh, who Subsequently became a ward of the Court of Wa