K.B.N. Singh, J.

1. This appeal by the plaintiffs arises out of a suit filed in the representative capacity under ORDER :1 Rule 8 of the Code of Civil Procedure (hereinafter referred to as the Code) for a declaration that the disputed plot no. 210 was a Ghairmazarua Am land and has been wrongly recorded as Ghairmazarua Malik in the record of rights during the last revisional survey. According to the plaintiffs, the villagers were using the same for various purposes and have acquired a right of easement over the same. The plaintiffs also alleged that in collusion with the Circle Officer and the Karamchari, defendant nos. 1 and 2 took settlement of the disputed land, which the State of Bihar (defendant no. 3) had no right to settle. After the settlement, a proceeding under Section 147 of the Code of Criminal Procedure was started, which was decided in favour of the defendants 1 and 2 and, thereafter, the present suit was filed in which the State of Bihar was impleaded as defendant no. 3. Defendants 1 and 2 filed a written statement and contested the suit. Their case was that the land was recorded correctly as Ghairmazarua Malik and the plaintiffs or the public had no right i