N.L.Untwalia, J.

1. This is an appeal by the plaintiffs from the decision of the learned Additional Subordinate Judge, 4th Court, Patna, dated the 31st of March, 1958, almost dismissing their sui:: for declaring that the preliminary and final decree passed in favour of defendant No. 1 (respondent No. 1) in Title Suit No. 65 of 1950 by the Subordinate Judge of Birbhum in West Bengal arc illegal and for setting them aside.

2. The plaintiffs case is that plaintiffs Nos. 1 to 8 are members of a joint family governed by the Mitakshara school of Hindu Law, and plaintiff No. J, is the head member and karta of the family. Their further case is that the ancestral profession, of the plaintiffs is trade. They have been running a Gaddi in the name of Dinanath Triloki Nath at Maroofganj Patna City for the last eight years which firm is the 9th plaintiff in the. present. In the said Gaddi, defendant No. 3 worked as dandidar and defendant No. 4 had been entrusted with the work of making demands for realization of dues. Defendant No. 1 is the resident of Malharpur Bazar in the district of Birbhum and deals in cloth. On enquiry it was learnt that he filed a title suit, namely. Title Suit 65