JUDGMENT - OKA ABHAY S., J.: - On 11th April, 1988 this Court admitted this second appeal by observing that ground (b) in the Memorandum of Appeal raises a substantial question of law. By order dated 8th June, 2004 passed in exercise of power under the proviso to sub-section (5) of section 100 of the Code of Civil Procedure, 1908, this Court framed one more substantial question of law. After framing the said substantial question of law, opportunity was given to the respondent to argue on the said substantial question of law. For that purpose, on 8th June, 2004, the hearing was adjourned and sufficient time was granted. This second appeal was argued extensively on 30th June, 2004 and was kept today for further hearing and judgment.

2.The ground (b) in the Memorandum of Appeal reads thus :

(b) Whether the first Appellate Court has misread and misconstrued the pleadings and has erroneously allowed the appeal ?

The additional substantial question of law framed by me is as under :

"Whether the appeal preferred by the original defendants abated in its entirety as the decree passed by the trial Court is joint and inseparable/indivisible inasmuch as the legal representatives of the original de

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