A.B.N.Sinha, J.

1. This appeal is by defendants 1 and 2. They alone contested the suit. The suit out of which this appeal arises was instituted by plaintiff-respondent No. 1 for a declaration that the ex parte decree passed in Title Suit No. 46 of 1954, against him was null and void and was not binding on him.

2. The trial Court has decreed the suit subject to certain directions regarding payment of Court-fees and costs. The plaintiff-respondent, it may be mentioned, has complied with those directions.

3. Appellant No. 1 Messrs. Jharkhand Mines & Industries Ltd, a company incorporated under the Indian Companies Act, 1913, having its registered office at 34, Grosvenor House, 21 Old Court House Street, Calcutta, instituted Title Suit No. 46 of 1954 in the court of the Subordinate Judge, Hazaribagh, impleading the present plaintiff-respondent No. 1 as defendant No. 2 and the pro forma defendants 2 to 5 (4?) as defendants 1, 3 and 4 respectively. The case of appellant No. 1 in that suit was that the plaintiff respondent and the pro forma defendant-respondent No. 2 held Rauta Colliery, fully described in the schedule of the plaint of that suit, unlawfully from the 2nd May, 1949