Govinda Menon, J.- This is an appeal by the plaintiffs in O.S. No. 53 of 1945 on the file of the Court of the Subordinate Judge of Coimbatore against the dismissal of the suit on the ground that the plaintiffs have no right to institute the suit. Though as many as 12 issues were framed by the learned Subordinate Judge the decision depended on the preliminary question regarding the right of the plaintiffs to institute the suit on the ground that they had a cause of action. The learned Subordinate Judge found that the plaint did not show that the plaintiffs had an existing cause of action and therefore dismissed the suit.

The plaintiffs are the sons and daughters of one Muhammad Ismail Sahib who died on 25th February, 1943, and the present suit is brought for the recovery of possession of the properties mentioned in the plaint from the 1st defendant who was an alienee of those properties as well as from other defendants who claimed to be the subsequent transferees for consideration from the 1st defendant. There are no less than 30 defendants to the suit and most of them contest the plaintiffs claim to any relief. This Muhammad Ismail Sahib was at one time a man of means. On 17th July,

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