JUDGMENT

Panton, J. - The question in this Rule is whether the learned Additional District Judge of Howrah should have joined the present petitioners as parties in the proceeding resulting from a reference u/s 18 of the Land Acquisition Act. The case related to the acquisition of a certain land which it is now admitted formed part of a wakf estate. The declaration for its acquisition was made in the year 1918, and the second opposite party Ismail Ibrahim Saleji preferred a claim to the compensation money alleging that it was his "ancestral purchased niskar land." He appears to have been an undischarged insolvent, and in consequence of this the Official Assignee was joined with him the proceeding in the Court of the Collector; and on the 24th January 192 the award was made by the Collector ii the joint names of the Opposite Party No. 2 and the Official Assignee. On the 22nd February 1924 the Official Assignee affirmed to a petition to the effect that he had on investigation discovered that the property was in fact a wakf estate and that the present Opposite Party No. 2 was not personally interested in it he represented that he, as Official Assignee had therefore no interest in the ma