JUDGMENT

1. This appeal is directed against a decree of dismissal in a suit for declaration of title to Immovable property and for confirmation of possession. The plaintiff and the 2nd party defendants are the joint owners of an estate which is now in course of partition under the provisions of the Estates Partition Act of 1897. In the partition proceedings the first defendant put forward a claim that he was the tenant in respect of a particular parcel of land. The plaintiffs repudiated that position but their objection was overruled by the Revenue authorities. They thereupon commenced this action for declaration that the first defendant was not a tenant in respect of those lands and that he had, as a matter of fact, been set up fraudulently by the second party defendants. The Court of first instance went into the merits and made a decree in favour of the plaintiffs. Upon appeal two objections appear to have been urged on behalf of the defendants; namely, first, that the suit had not been properly constituted, because the son of one of the plaintiffs had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partit