P. CHANDRA REDDY, Offg. C.J. : -

The main question to be answered by the Full Bench is whether a party to a suit, who was absolved from liability by the trial Court, can be impleaded as a respondent to an appeal preferred by an aggrieved party to which he was not originally made a party and a decree passed against him by virtue of the combined operation of Rr. 20 and 33 of O. 41 of the Code of Civil Procedure.

2. The facts material for this enquiry may be briefly set out :

3. Respondents 7 and 8 originally laid an action as reversioners to the estate of one Ammanna, impeaching a gift made by the widow (1st defendant) in favour of her nephew the 2nd defendant on 26-6-1946. The last male-holder died in or about the year 1890 him surviving his widow. The properties settled on the 2nd defendant were purchased by the widow. In the year 1894 under Exs. B-5 and B-6 for a sum of Rs. 600/-, having sold on 9-11-1894 and 20-12-1894 some of the properties belonging to her husbands estate which are items 7 to 12 of B schedule for Rs. 350/- under Exs. B-40 and B-4.

The vendees in their turn conveyed them to the predecessors-in-interest of the present appellants. The plaintiffs proceeded