( 1 ) IN the suit out of which this reference arises, plaintiffs claimed declaration order their title to C. S. Plot No. 105 of mouza Gournagar, for recovery of possession of the suit land and for damages for cutting and taking away peas and bamboos grown on it. Defendants filed written statements denying plaintiffs' title to the suit land, and alleging that by amicable partition amongst defendants Nos. 1 to 6 collectively referred to as Chakrapani defendants, the suit land was allotted exclusively to defendant No. 3 who thereafter sold it to defendants Nos. 7 to 10. The trial Court found that plaintiffs were entitled to the suit land and that defendants had jointly dispossessed plaintiffs and were liable to pay Rs. 192/- as damages and on these findings decreed the suit. The decree of the trial Court proceeded on grounds common to all the impleading plaintiffs as respondents to the appeal. During the pendency of the appeal, on July 26, 1953, defendant appellant No. 2 Bato Krishna Chakrapani died, but his legal representative was not brought on the record, and his death was not brought to the notice of the appellate Court. On December 4, 1953 the appellate Court held