( 1 ) THIS First Appeal is filed by the original plaintiffs whose suit against the Custodian Evacuee Property the Competent Officer (Evacuee Interest Separation) and six others was dismissed by the learned Extra Assistant Judge Madhya Saurashtra Gondal who decided the suit on preliminary grounds. The suit was for a declaration that the plaintiff are the heirs of one deceased Memon Karim Ibrahim who had property at Upleta. The suit was based on a will said to have been executed by the deceased in favour of plaintiff No. 1 his widow. In the plaint the plaintiffs had stated that in respect of the property there were proceedings before the Custodian of Evacuee Property and also the Competent Officer. The two properties were sold for Rs. 22 500 and Rs. 2050/ -. It is stated in the plaint that these moneys are lying with the Custodian Evacuee Property at Rajkot. The plaintiffs filed the suit for a declaration that they are the sole heirs of the deceased Memon Karim Ibrahim and for an injunction to restrain the Competent Officer and Custodian of Evacuee Property from parting with the moneys realised by them by the sale of the properties of the deceased. Plaintiff No. 1 is