JUDGMENT

B.K. Mukherjea, J. - This appeal is on behalf of defendant 1 and it arises out of a suit commenced by three minor plaintiffs through their maternal uncle as next friend to establish their title to the property in suit on setting aside an ex parte decree, which was obtained by defendant 1 in a suit, to which the plaintiffs along with other persons were impleaded as parties defendants. Defendant 1, Mahesh Chandra Bayan, and the pro forma defendant 4, Pitambar Das, are the two surviving brothers of Gopi Nath Das, the father of the plaintiffs. The plaintiffs' case is that the three brothers lived separately and had independent sources of income and that the disputed property belonged exclusively to Gopi Nath being purchased by him with his own money and the other two brothers had no right to, or interest in the same. Gopi Nath died in 1930.

2. In 1934, a creditor of Gopi Nath obtained a decree against him and attached the property in suit in execution of his decree. Mahesh, defendant 1, preferred a claim setting up his right to one-third share of the property. His claim was rejected. Thereupon he filed a suit, being suit No. 934 of 1934, for establishing his title to one-third s