JUDGMENT

1. The facts involved in this rule shortly stated are as follows: If; appears that there was a suit instituted in the Court of the Subordinate Judge of Jessore being Title Suit No. 459 of 1926 by the petitioners as plaintiffs against no less than 113 persons who were made parties defendants. Out of these defendants, 1 to 102 are described as principal defendants and the rest are described as pro forma defendants. It appears further that 56 persons contested the suit by filing written statements and the rest did not appear and contest the suit although it was alleged that summons were served upon all the defendants. On 29th August 1928 the learned Subordinate Judge passed a decree in favour of the plaintiffs declaring that they were entitled to recover khas possession of the lands in suit by evicting all the defendants, inasmuch as they were found to be trespassers. Against the judgment and decree of the learned Subordinate Judge 45 of the defendants preferred an appeal to the Court of the District Judge of Jessore the appeal being numbered Title Appeal 128 of 1928. The appeal was heard on or about 22nd March 1930 and the result was that the appeal was dismissed and the judg