P.K. Balasubramanyan, J.

This Second Appeal is by the first defendant. Defendant No. 4 in the suit who is respondent No. 4 herein and who remained exparte in both the courts is reported dead when the matter was taken up for hearing. Since he was exparte in the courts below and he has not been given any relief by either of the courts and he has acquiesced even in the dismissal of the suit by the trial court I hold that it is not necessary to implead his legal representatives in this Second Appeal for a proper disposal of this Second Appeal.

2. Plaintiff is the son of one Kunhahammed. Defendant No. 2 is the widow of Kunhahammed. Defendants 3 to 8 are the children of Kunhahammed. through the second defendant. The first defendant in the suit is the brother of defendant No. 2. Defendants 9 to 12 are the sisters of defendant No. 2 and defendant No. 1. The father of defendants 1, 2 and 9 to 12 was one Moosa Haji. The plaint schedule property belonged to Kunhahammed. He had mortgaged the property to a marketing society for a sum of Rs. 8000. It appears that Kunhahammed had also incurred other liabilities and one such liability was the amounts due to one Kanaran Nair. The plaintif