( 1 ) THIS appeal is by the plaintiffs. The plaintiffs are the owners of a plot of land recorded in C. S. Dag No. 885. On the west of plaintiffs' properties lies C. S. Dag No. 770 which the plaintiffs claim as the village pathway. Beyond that lies C. S. Dag No. 854 which belongs to the defendants. The plaintiffs' case was that the defendants including defendant No. 5 Amina Bibi by a concerted act threw earth on the west portion of the said pathway and was preparing tp put a mud wall on that portion. The plaintiffs accordingly brought a suit for declaration that the disputed strip Schedule Ka of the plaint was a part of the village pathway and for a mandatory injunction directing the defendants to remove the earth which they have thrown and for a permanent injunction restraining the defendants from raising any wall on the disputed land. In the course of the suit, defendant No. 5 Amina died and an application for bringing her heirs on record was dismissed and the trial court directed that the suit shall abate so far as the heirs of Amina are concerned. This order was made on 18-4-1944. No steps were taken by the plaintiffs to have the order vacated and the suit proceed