1. This appeal was taken by the two plaintiffs in the suit, plaintiffs 1 and 2. The second plaintiff, the second appellant, the mother of the first appellant, died after the second appeal was filed. It is said that the first plaintiff is entitled to continue the appeal and we have assumed that the first plaintiff is entitled to do so without deciding the question.

2. The suit was for paddy and money alleged to be due from the defendants in accordance with the provisions of a will executed by the deceased husband of the second plaintiff. The suit was decreed by the trial court. The second defendant, one of the legal representatives of one of the legatees under the will who was obliged to pay the paddy and money claimed in the plaint preferred an appeal before the lower appellate court. Defendants 1 and 3 to 8, the other legal representatives of the legatee were not parties to that appeal. However the appeal was allowed and the suit was dismissed in its entirety. In this second appeal only the second defendant, the appellant before the lower appellate court has been made a party.

3. A preliminary objection has been taken by the respondent that the appeal is not sustainable