CHAKRAVARTTI, C. J.

( 1 ) A preliminary objection has been taken in this appeal that, by reason of the death of one of the respondents and the failure of the appellant to bring his representatives on the record, the whole appeal has abated. Much as I regret the result, the objection, in my view, must be given effect to.

( 2 ) THE facts are simple. It appears that there was a reference to arbitration in a partition suit and an award was made to the effect that a sum of Rs. 32,000. /-, of which the appellant had had use and enjoyment, would be paid by him to four persons, each being paid a sum of Rs. 8,000/- and that each of the said four persons would have a charge upon a one-fourth share of that portion of premises No. 115/9, Cornwallis Street which was going to be allotted to the appellant. A decree in terms of that award followed. Thereupon the four persons, to whom I have just referred, adopted a somewhat unusual procedure of combining, in a single application and asking for an order for the sale of the southern Half-portion of the premises charged. It was thus a case of four different persons, holding charges over four different properties, combining in one proceeding and ask

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