R.K.Choudhary, J.

1. This is an appeal by defendants 84 and 85, and it arises out of a final decree passed in a partition suit. The suit for partition being Partition Suit No. 30 of 1943, was instituted by the plaintiffs-respondents first party in the Court of the Subordinate Judge at Muzaffarpur, and a preliminary decree was passed on the 12th of March, 1946. It appears that, after the arguments were over in the Court below and before the preliminary decree was passed, one of the plaintiffs, namely, Ramautar Singh, died on the 1st of March, 1946. The death of this plaintiff was not brought to the notice of the Court, and in the preliminary decree, that was prepared by the trial Court, the name of the said deceased plaintiff continued. He had left certain heirs and legal representatives who were already on the record of the case as co-plaintiffs in the suit. He had also left a widow, Mossammat Deorati Kuer, who, however, was net a party to the suit and was not brought on the record by way of substitution in his place. Thereafter, a final decree for partition was passed on the 22nd of December, 1949, and a separate takhta was carved out for all the plaintiffs of the partitio