P. N. MOOKERJEE, J. :- The principal point that arises for consideration in this appeal is whether the suit in the present instance is bad on the ground of multifariousness, that is, misjoinder of parties and causes of action and is liable to be dismissed on that ground. The learned Subordinate Judge framed several issues in this case but the only effective decision that he has given is on the issue of multifariousness and he has dismissed the suit on that ground expressly stating that it was unnecessary for him in the circumstances of this case to "discuss" the other issues. In our opinion, the learned Subordinate Judge is right in his decision that the suit is bad on account of multifariousness and, accordingly, this appeal is liable to be dismissed subject to the observations which will be made below. The reasons for our view will be found in the discussions which will presently follow.

2. The material facts leading up to the present appeal are as follows: The plaintiffs appellants were the proprietors of Separate Accounts Nos.314/1 and 314/2/1 of the parent Touzi No.314 of the Collectorate of 24 Parganas at the relevant time. Defendants Nos.1 to 4 were the proprietors o