RAI, J.

1. This is an appeal by the pltfs. against the judgment & the decree of the Fourth Additional Subordinate Judge, Gaya, reversing those of the Second Additional Munsif of the same place.

2. The above appeal arises out of a suit for pre-emption. According to the case of the pltfs., deft. 2, Shyam Dutt Missir, executed a sale deed on 19-7-1945, in respect of one anna 12 dams share in khewat No. 4, tauzi No. 753 of village Pandit Bigha in favour of deft. 1. The sale deed was regd. on 23-7-1945. On hearing of the sale the pltfs. performed the necessary ceremonies entitling them to claim pre-emption. On these allegations they claimed to be put in possession of the vended share on payment of Rs. 1000 only.

3. The suit was contested by the vendee, deft. 1, who pleaded that the pltfs. had not performed any ceremony entitling them to claim pre-emption.

4. The trial Ct. decreed the suit. Deft. 1, the vendee, filed an appeal before the lower appellate Ct. In the appeal, however, she impleaded only the pltfs. as resps. She did not implead deft. 2 as a party to the appeal. At the time of the hearing of the appeal an objection was taken by the pltfs. that as deft. 1 had not implea