JUDGMENT

N.R. Chatterjea, J. - This appeal arises out of a suit for declaration of a right of way, for restoration of the path to its former condition and for perpetual injunction. The Courts below have concurred in decreeing the suit, and the defendants have appealed to this Court.

2. The first contention raised on behalf of the appellants is that the suit ought to fail, as the owners of all the servient tenements over which the way is claimed, have not been made parties to the suit, and the case of Madon Mohan Chattopadhya v. Akshoy Kumar Baruri 5 Ind. Cas. 23 : 14 C.W.N. 15 is relied on in support of the contention. It is not alleged that the owner of any land other than bhadrar kola over which the way passes, has obstructed the plaintiffs or ever has denied the plaintiffs' right. The owners of the land bhadrar kola alone have caused the obstruction, and all the owners of that land have been made parties to the suit. In the case cited above, all the servient owners were not made parties and the learned Judges observed that it was difficult to see how a decree based on an easement in that state of the record could be passed. But "all the servient owners", I think, mean all the serv