Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Orissa High Court. The brief facts necessary for present purposes are these. A suit was brought by eleven plaintiffs (who are appellants before us including Dolai Molliko for a declaration that the plaintiffs were tenants with occupancy rights in the lands in dispute. The suit was resisted by the defendants who are now respondents. The Munsif dismissed the suit. Thereupon there was an appeal by the plaintiffs. During the pendency of that appeal, Dolai Molliko appellant died in March 1958. An application was made within time for bringing on record his heirs, and these heirs were two namely, the widow and a major son of the deceased. No objection was made to this application and consequently the widow and the son of the deceased were substituted on record as heirs. The Subordinate Judge allowed the appeal and decreed the suit and gave the declaration prayed for by the plaintiffs. Then followed a second appeal to the High Court by the defendant-respondents. When the appeal was pending in the High Court it was discovered that Dolai had left three other heirs, namely, a minor son, a married daughter and