Jha, J.

1. This is an appeal by the plaintiffs from a decree of the Subordinate Judge at Darbhanga, dated 24th May 1946.

2. The appeal arises out of a suit for specific performance of an agreement, or, in the alternative, for recovery of possession of the property in suit on the ground that the court sale of the property held on 4th March 1940, is vitiated by fraud.

3. Originally one joint family firm, Pali Ram Parma Nand, was impleaded as defendant first party, and one Ajodhya Prasad along with others was impleaded as defendant second party. On the death of Paliram on 22nd April 1945 (during the pendency of the suit) his minor son, Kiasen Lal Daruka, and other members of his family were substituted in his place and were impleaded as defendants first party. Separate written statements were filed by the members of the family of Paliram, and it is common ground that Palirams son alone is interested in the property is suit because on partition among the members of Palirams family the property in suit was allotted to Palirams share.

4. Paliram filed his written-statement and on his death his minor son, the present defendant 1, adopted the written-statement of his father. It may