1. -The facts are so peculiar that I had to request Mr. Majumdar, a senior counsel, to assist me amicus curiae, in spite of the fact that learned counsel appearing for the parties are persons having fairly good knowledge of civil law.

2. One Ramchandra Sharma filed Title Suit No. 2/25 of 1980-83 in the Court of the Munsif, Buxar for a declaration that deed of gift dated 17-12-1979 executed by his father in favour of the defendant was invalid, illegal and inoperative. The suit was decreed. An appeal was filed before the lower appellate Court which was numbered as Title Appeal No. 54 of 1985. During the pendency of the appeal, Ramchandra Sharma, who was respondent in the Court below was kidnapped on 10-2-1992. First information report in this regard was also lodged on 13-2-1992. Efforts were made to trace him. Unfortunately till today nothing has been heard of Ramchandra Sharma. The appeal was, however, taken up in the Court below for hearing and al lowed by the judgment and decree dated 25-7-1992. Now this appeal has been filed by the wife of Ramchandra Sharma and his minor children. These persons were not parties in the Court below and naturally, therefore, their names did