(1) The appeal has a chequered history. Hukma Singh, the father of respondents Atma Singh, Kalyan Singh, Khem Singh, Hardev Singh and Rughbir Singh, executed a gift deed in respect of the suit house in favour of one Dhayan Singh, the predecessor-interest of the appellants, 16th Kartik, 2002, Samvat. The respondents out of whom Kalyan Singh died during the pendency of this appeal, and whose legal representatives have already been brought on the record, brought a suit on 3rd Magh, 2009 Samvat, in the court of Munsiff, Sub Registrar Jammu, against Dhayan Singh seeking a declaration that the suit house being their joint and ancestral property, their father Hukma Singh had no right to alienate it in favour of the donnee, Dhayan Singh. In this suit they also impleaded their father Hukma Singh as the second defendent. Summons were issued to Dhayan Singh but the same could not be served on him and the trial court proceeded exparte against him. Hukma Singh however, did not choose to contest the suit and he also remained exparte. On taking exparte evidence, the court ultimately decreed the respondents suit declaring the aforesaid gift deed to be null and void as against the rig