Modi, J.—This is a revision by the defendant Laxmichand against an order of the Senior Civil Judge, Sirohi, dated the 2nd January, 1954, and has arisen under the following circumstances.

2. The plaintiff opposite party, Harakchand, filed this suit against the petitioner on the allegation that the latter owned to his (plaintiffs) maternal grand-father Devaji a sum of Rs 2378/- and Devaji had made a gift of his property to the plaintiff along with his two brothers. The defendant resisted the suit on the ground that he had never received any money from Devaji and further that the plaintiff Harakchand was not alone entitled to bring the present suit as Devaji had made a gift of his property to Harakchand and his two other brothers Phoolchand and Jawanmal jointly and, therefore, these persons were also necessary parties to the suit and as they had not been impleaded therein, the suit was bad for non-joinder of necessary parties and deserved to be dismissed. The trial court dismissed the suit on the ground of nonjoinder of necessary parties on the 31st March, 1951. On appeal the District Judge maintained the decree of the trial court. Thereafter the plaintiff came in appeal to the Court a

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