The question in this appeal is whether an appeal lay against the order of the learned Subordinate Judge of Tiruchirapalli. The facts germane to the question may be briefly narrated.

The appellant filed C.S. No. 4 of 1943 on the file of the High Court against Raja Bahadur Krishnamachariar for recovering a sum of about Rs. 59,000 towards the commission alleged to be due to him. Krishnamachariar died after the service of summons and before the date fixed for his appearance. His sons, Raju and Rangu, were added as his legal representatives. Krishnamachariar executed a Will, Exhibit P-1, whereunder among other properties, item No. 6 of the D Schedule was bequeathed to the respondents who are Raju’s sons. Raju was ex parte. Rangu, the 3rd defendant, filed a written statement denying the liability of Krishnamachariar to the appellant. Though the respondents attempted to come on record to contest the suit, this application was opposed by the plaintiff and it was dismissed by the Master. The Master held that the dispute between the legatees and the plaintiff had to be adjudicated only in a separate suit, and, therefore, they were not necessary parties. It was on this finding th