JUDGMENT

Macpherson and Banerjee, JJ. - This is an appeal from an order of the Subordinate Judge of Khulna returning a plaint for amendment on the ground that it is bad by reason of misjoinder of different plaintiffs having different causes of action.

2. The plaint alleges in substance that the properties mentioned in the schedule to it were owned and possessed in equal shares by Gadhadhur Bhunja Chowdhry, father of plaintiff No. 1, Haramoni, and his brother Protap Narayan Bhunja Chowdhry; that Protap died in 1245, leaving two sons, and Gadhadhur died in 1.246, leaving an infant son, an infant daughter, the plaintiff Haramoni, and a widow Chundramoni; that Gadhadhur's son died in his infancy, leaving his mother Chundramoni as his heir; that Chundramoni and Haramoni, plaintiff No. 1, lived in commensality with the sons and grandsons of Protap; that on the death of Chundramoni in Falgun 1295, the plaintiffs Nos. 2, 3 and 4, sons of Haramoni, plaintiff No. 1, became entitled to the eight annas share of Gadhadhur, which had devolved on his infant son, as that son's sister's sons and next heirs; that if for want of evidence the plaintiffs fail to prove that Gadhadhur died leaving a son, p