1. The Plaintiffs in O.S. No. 132/1117 on the file of the Kottayam District Court have preferred this appeal against the judgment and decree of that Court dated 8.11.1120, dismissing their suit. The dismissal was on the ground that under S. 40 of the Code of Civil Procedure, Travancore (Act VIII of 1100) the suit was not maintainable. S. 40 of the Travancore Civil Procedure Code corresponds to S. 47 of the Civil Procedure Code, Act V of 1908.

2. In O.S. 70/1088 on the file of the Kanjirappally District Munsiff's Court, Defendant 1 obtained a money decree against one Narayana Panicker on 19.4.1088 and in execution thereof attached certain properties as belonging to the judgment-debtor, brought the attached properties to sale and himself purchased them. The attachment was on 5.1.1104, the sale on 13.8.1104 and the confirmation thereof on 1.10.1104. On 17.9.1107 the decree-holder purchaser, i.e., defendant 1, applied for delivery and pending that application Narayana Panicker died on 14.1.1108. Defendant 1 sought to implead the present plaintiffs, who were his children as parties to that proceedings in place of their deceased father and the court made them "additional defen